UC-NRLF 


SB    bS 


LIBRARY 

OF  THE 


UNIVERSITY  OF  CALIFORNIA. 


Class 


'/•' 


A 
POLITICAL  AND  CIVIL  HISTORY 

OF  THE 

UNITED  STATES  OF  AMERICA, 

FROM  THE  YEAR  1763 

TO  THE  CLOSE  OF  THE  ADMINISTRATION 
OF   PRESIDENT   WASHINGTON,   IN   MARCH,    1797: 

INCLUDING 

A  SUMMARY  VIEW  OF  THE 

POLITICAL  AND  CIVIL  STATE 

OF    THE 

WORTH  AMERICAN  COLONIES,  PRIOR  TO  THAT  PERIOD. 


BY  TIMOTHY  PITKIN. 


IN  TWO 

VOL.  II. 


NEW  HAVEN: 

PUBLISHED  BY  HEZEKIAH  HOWE  AND  DTJRRIE  &  PECK* 

1828. 


DISTRICT  OF  CONNECTICUT,  tO  Wit: 

J.    Q      BE  it  remembered,  That  on  the  twenty-third  day  of  January,  in.  the  fifty- 
second  year  of  the  Independence  of  the  United  States  of  America,  A.  D. 
1828,  TIMOTHY  PITKIN,  of  the  said  District,  hath  deposited  in  this  Office  the  Title 
of  a  Book,  the  right  whereof  he  clairAs  as  author  ;  in  the  words  following — to  wit : 

"  A  Political  and  Civil  History  of  the  United  States  of  America,  from  the  year  1768 
to  the  close  of  the  administration  of  President  Washington,  in  March,  1797  :  including 
a  summary  view  of  the  Political  and  Civil  state  of  the  North  American  Colonies,  prior 
to  that  period.  By  TIMOTHY  PITKIN.  In  two  volumes." 

In  conformity  to  the  act  of  the  Congress  of  the  United  States,  entitled  "  An  act  for 
the  encouragement  of  learning,  by  securing  the  copies  of  maps,  charts,  and  books,  to 
the  authors  and  proprietors  of  such  copies,  during  the  times  therein  mentioned"— and 
also  to  the  act  entitled  "  An  act  supplementary  to  an  act  entitled  '  An  act  for  the  en 
couragement  of  learning,  by  securing  the  copies  of  maps,  charts,  and  books,  to  the  au 
thors  and  proprietors  of  such  copies,  during  the  times  therein  mentioned,'  and  extend 
ing  the  benefits  thereof  to  the  arts  of  designing,  engraving,  and  etching  historical  and 
other  prints."  CHAS.  A.  INGERSOLL, 

Clerk  of  the  District  of  Connecticut, 


PRINTED  BY  HEZEKIAH  HOWE NEW  HAVEN. 


CONTENTS. 


CHAPTER  XL 

Outlines  of  the  plan  of  confederacy  submitted  to  congress  by  Dr.  Franklin,  July, 
1775  —  Not  acted  upon  —  June  llth,  1776,  congress  appoint  a  committee  of  one 
from  a  state  to  prepare  a  plan  of  confederation  —  Plan  reported  July  following 
—Is  debated  in  congress  at  various  times  until  the  15th  of  November,  1777, 

,  when  it  is  adopted—  -Outlines  of  the  system—  Congress  divided  as  to  terms  of 
union—  Particularly  the  mode  of  voting  in  congress,  the  rule  of  apportioning 
expenses  among  the  states,  and  the  disposition  of  the  western  lands—  -Articles 
sent  to  the  several  states  with  a  circular  letter—  Adopted  by  some  states  with 
out  amendment—  Principal  amendments  proposed  by  several  states—  All  the 
states  except  New  Jersey,  Delaware  and  Maryland,  instruct  their  delegates  to 
ratify  and  sign  the  articles,  if  their  amendments  should  be  rejected  by  congress 
—  Objections  of  New  Jersey---Congress  nearly  equally  divided  on  the  amend 
ment  proposed  about  the  western  lands--  -Articles  ratified  by  New  Jersey  and 
Delaware-  --Maryland  gives  special  instructions  to  her  delegates  not  to  ratify 
them,  without  an  amendment  securing  the  western  lands  for  the  benefit  of  the 
union-—  These  instructions  laid  before  congress—  States  of  Virginia  and  Con 
necticut  empower  their  delegates  to  agree  to  the  confederacy,  exclusive  ot 
Maryland—  Other  states  unwilling  to  do  this—  Compromise  about  the  western 
lands—  New  York  cedes  for  the  benefit  of  the  union  her  claim  to  lands  west 
of  a  certain  line—  Congress  recommend  to  the  other  states  to  make  liberal  ces 
sions  for  the  same  purpose-—  Virginia  cedes  her  right  to  the  country  north 
west  of  the  Ohio—  Maryland  accedes  to  the  union,  and  the  articles  signed  by 
her  delegates  March  first,  1781—  The  union  then  completed, 

CH  AFTER  ^IL) 


British  Ministry  call  upon  the  people  of  Great  Britain  for  voluntary  contribu 
tions  —  Parliament  meet  January  20th,  1778  —  Ministers  propose  a  plan  of  recon 
ciliation  on  the  17th  of  February  —  this  plan  contained  in  three  bills  —  Purport. 
of  the  bills  —  Sent  to  Americ*  before  they  had  passed  —  Governor  Tryon,  to 
whom  they  are  entrusted,  sends  them  to  general  Washington  and  to  the  gov 
ernors  of  some  of  the  states  —  General  Washington  transmits  them  to  congress  — 
Are  referred  to  a  committee  —  Report  made  against  them  —  Answer  of  governor 
Trumbull  to  the  letter  of  Tryon  —  Treaties  with  France  arrive  in  May,  1778  — 
Are  immediately  ratified  and  published  —  Congress  prepare  an  address  to  the 
people  of  the  United  States  —  British  commissioners  arrive  in  America  to  offer 
terms  of  reconciliation  —  Dr.  Franklin  secretly  consulted  as  to  terms,  before 
the  commissioners  left.  England  —  David  Hartley  and  others  go  to  France  to 
sound  hjm  on  the  subject  of  terms  of  reconciliation  —  Propose  that  America 
should  yield  certain  advantages  in  trade,  on  condition  of  peace  —  British  com 
missioners  arrive  in  America  —  Propose  to  congress  certain  conciliatory  prop 
ositions  —  Congress  refuse  to  listen  to  any  terms  short  of  independence  and  the 
withdrawing  of  the  fleets  and  armies  —  Reply  of  the  British  commissioners  — 
Governor  Johnston,  one  of  the  commissioners,  sends  letters  to  several  mem 
bers  of  congress,  and  through  a  lady  makes  certain  offers  to  Mr.  Reed  —  Con 
gress  declare  this  an  attempt  to  bribe  one  of  their  body  and  refuse  all  further 
intercourse  with  him  —  British  commissioners  present  an  address  or  manifesto 
to  the  people  of  the  states  making  the  same  offers  they  had  sent  to  congress 
—  The  people  refuse  the  offers  —  Congress  issue  a  counter  manifesto,  - 


37 


224224 


2  CONTENTS. 

CHAPTER  XIII. 

French  fleet  and  a  French  minister  arrive  in  America  in  the  summer  of  1778 — 
French  minister  received  with  great  joy — Dr.  Franklin  appointed  minister  to 
France — His  instructions — Plan  of  attacking  Canada  in  conjunction  with 
France  adopted  by  congress — Submitted  to  general  Washington — Disapproved 
by  him — His  public  and  his  private  letters  on  this  subject — Congress  finally 
relinquish  the  scheme—  Co-operation  of  Spain  expected — Spain  declines  ac 
ceding  to  the  treaties  made  with  France—Reasons  of  this— Wishes  security  for 
her  own  American  possessions— Offers  her  mediation  between  France  and 
Great  Britain— France  accepts  the  mediation — Great  Britain  holds  a  corres 
pondence  on  the  subject  for  some  months— Refuses  to  have  her  disputes  with 
the  Americans  brought  into  the  negociations— Rejects  the  final  proposition  of 
Spain— King  of  Spain  joins  France  in  the  war,  June,  1779— This  in  pursuance 
of  a  secret  treaty  made  in  April  preceding— Manifestoes  issued  both  by  France 
and  Spain— Answered  by  Great  Britain- Pending  this  mediation  the  Brftish  min 
ister,  through  Mr.  Hartley,  again  sounds  Dr.  Franklin  at  Paris,  on  the  subject 
of  reconciliation— Mr.  Hartley  with  this  view  submits  to  him  certain  preliminary 
propositions— Not  acceded  to— Object  of  the  British  minister  to  break  the  alli 
ance  between  the  United  States  and  France— Congress  informed  of  the  offer 
ed  mediation  of  Spain  by  the  French  minister — Subject  referred  to  a  commit 
tee — Committee  report  instructions  to  be  given  to  an  American  minister  to 
negociate  peace — These  instructions  create  long  debates  and  great  divisions  in 
Congress— Particularly  about  the  fisheries,  the  boundaries  and  the  navigation 
of  the  Mississippi— Terms  relative  to  peace  ultimately  settled  in  congress — 
The  use  of  the  fisheries  and  the  navigation  of  the  Mississippi  not  made  ultima 
ta — No  treaty  of  commerce  to  be  made  with  Great  Britain,  without  a  stipula 
tion  on  her  part  not  to  disturb  the  Americans  in  taking  fish  on  the  banks  of 
Newfoundland,  &c.  -^  »  60 

CHAPTER  XIV. 

Congress  offer  to  guaranty  the  Floridas  to  Spain,  if  she  would  accede  to  the  trea 
ties — John  Adams  appointed  Minister  to  negociate  peace — John  Jay,  Min 
ister  to  the  Court  of  Madrid — French  Minister  communicates  to  Congress 
the  views  of  the  Spanish  Court  concerning  the  western  country  and  the  navi 
gation  of  the  Mississippi — Spain  requires  the  United  States  to  relinquish  all 
claim  to  the  country  west  of  the  Alleghany  mountains,  and  to  the  right  of  nav 
igating  the  Mississippi — In  answer  to  this,  Congjess  send  their  Ministers  a 
statement  of  their  claim  to  the  western  lands,  to  be  communicated  to  the 
courts,  both  of  France  and  Spain — Congress  give  additional  instructions  to 
Mr.  Adams  concerning  a  truce — Mr.  Jay's  instructions  varied  concerning  the 
navigation  of  the  Mississippi  below  latitude  31° — Mr.  Jay  arrives  in  Spain,  in 
the  spring  of  1780 — Spanish  Minister  requires  of  him  particular  information 
soncerning  the  United  States — Mr.  Jay  confers  with  the  Spanish  Minister — Is 
informed  that  the  King  would  not  accede  to  the  treaties — His  situation  very  un 
pleasant — Is  much  embarrassed  by  bills  drawn  upon  him  by  Congress — Span 
ish  Minister  engages  to  furnish  money  for  the  United  States — Neglects  to 
comply  with  his  engagement — Henry  Laurens  appointed  Minister  to  Holland 
— Negociations  between  the  pensionary  of  Amsterdam,  and  the  American  Min 
ister,  William  Lee,  concerning  a  treaty  of  commerce — Laurens  taken  on  his 
passage  to  Holland,  and  committed  to  the  tower— His  papers  fall  into  the 
hands  of  the  British — War  between  Great  Britain  and  Holland — Mr.  Adams 
appointed  Minister  to  Holland  in  the  room  of  Mr.  Laurens — Presents  a  memo 
rial  to  the  Dutch  government — The  subject  referred  to  the  several  provinces 
— This  creates  great  delay — Mr.  Adams  demands  a  categorical  answer — Is  at 
last  received  as  a  Minister,  and  concludes  a  commercial  treaty — Armed  neu 
trality  in  Europe — Principles  of  it  approved  by  Congress — Mediation  of  the 

^mpress  of  Russia,  and  the  Emperor  of  Germany— Communicated  to  Congress 


CONTENTS. 

Page. 

by  the  French  Minister— Congress  again  take  up  the  subject  of  instructions 
relative  to  the  terms  of  peace— Dr.  Franklin,  Mr.  Jay,  Mr.  Laurens,  and  Mr. 
Jefferson,  associated  with  Mr.  Adams— New  instructions  given— Terms  of 
peace  placed  under  the  control  of  Fiance,  except  as  to  independence — Articles 
proposed  by  the  mediators  relative  to  the  United  States — Mr.  Adams  opposed 
to  the  articles,  and  refused  to  appear  at  the  proposed  congress,  but  as  the 
representative  of  an  independent  nation — Answer  of  the  court  of  France  to 
the  articles  concerning  America — The  British  King  refuses  to  admit  the 
interference  of  any  foreign  power  between  him  and  his  revolted  subjects,  or 
to  admit  any  person  for  them  at  the  congress— This  puts  an  end  to  the  medi 
ation,  -  -  9r> 

CHAPTER  XV. 

France  assists  America  with  troops — 6000  arrive  at  Newport  in  July,  17SO — 
In  the  spring  of  1781,  join  the  American  army  near  New  York — Assist  in  the 
capture  of  lord  Cornwallis  in  October  of  the  same  year — British  ministry 
again  attempt  to  make  separate  treaties  with  United  States  and  France — 
Make  advantageous  offers  to  the  latter — Both  nations  refuse  to  treat  separately 
— Change  of  ministry  in  England  — Pacific  overtures  made  by  the  new  admin 
istration — Mr.  Oswald  sent  to  Paris  on  the  subject— His  reception  by  Dr. 
Franklin  and  the  French  minister — Agree  to  treat  of  peace  at  Paris — Mr.  Gren- 
ville  sent  as  minister  by  the  British — Commissioners  of  peace  about  the  same 
time  sent  to  America — Congress  refuse  to  treat  with  them— Grenville  declares 
to  Dr.  Franklin  that  the  independence  of  the  United  States  was  to  be  ac 
knowledged  as  a  preliminary — New  administration  in  England  in  consequence 
of  the  death  of  the  marquis  ofRockingham — Lord  Shelburne  placed  at  the  head 
of  it — Opposed  to  an  express  and  open  acknowledgment  of  American  indepen 
dence — Supposed  to  have  sent  Mr.  Jones  to  Paris  secretly  to  sound  the  Amer 
ican  ministers  on  the  subject — Mr.  Jones  arrives  at  Paris — Makes  an  extraordi 
nary  communication  to  Dr.  Franklin — Great  difficulties  respecting  the  powers 
of  the  British  negociators — Mr.  Jay  refuses  to  treat  except  as  the  representative 
of  an  independent  nation — Views  of  the  French  minister  on  this  subject — Gren 
ville  recalled— Oswald  appointed  to  treat  with  America— His  powers  finally 
satisfactory— Negociations  commence— American  commissioners  and  Mr.  Os 
wald  agree  on  articles  concerning  boundaries  and  the  fisheries  to  be  inserted 
in  a  treaty  if  approved  by  the  British  cabinet— Sent  to  London— Mr.  Jay 
resumes  negociations  with  Spain  at  Paris — Views  of  the  Spanish  and  French 
courts  concerning  the  western  bounds  of  the  United  States — Western  line 
designated  by  the  Spanish  minister — Not  approved  by  the  American  ministers 
—Extraordinary  communication  made  to  Mr.  Jay  on  this  subject  by  the  sec 
retary  of  Vergennes — Views  of  France  on  the  subject  of  the  fisheries— Articles 
sent  to  London  not  agreed  to  by  the  British  court— Mr.  Strachey  sent  to 
Paris  to  assist  Mr.  Oswald  in  fuvther  negociations— The  subjects  of  bounda 
ries,  the  fisheries,  and  compensation  to  the  loyalists  create  great  difficulties — 
Finally  settled  by  a  provisional  treaty— This  treaty  concluded  by  the  American 
minister  without  consulting  the  French  court — Reasons  of  this— Correspon 
dence  between  Dr.  Franklin  and  Vergennes  on  this  point— Delay  in  the 
negociations  between  Great  Britain  and  France  and  Spain  occasioned  by  the 
demand  made  by  Spain,  for  the  surrender  of  Gibraltar— Majority  of  (ho  British 
cabinet  agree  to  give  up  this  fortress  on  certain  conditions— The  British  mon 
arch  refuses  to  give  it  up  on  any  terms— Spanish  minister  obliged  to  relinquish 
the  demand  and  treaties  between  those  powers  finally  concluded— The  treaties 
not  approved  by  the  house  of  commons— Change  of  administration— Provis 
ional  treaty  ratified  by  the  United  States — The  article  about  debts  not  satis 
factory  to  some  of  the  states— David  Hartley  sent  by  the  new  ministry  to 
complete  the  definitive  treaty— Negociators  not  able  to  agree  on  any  new 
terms,  or  to  make  any  commercial  arrangements,  •  117 

VOL.  II.  1 


J 


CONTENTS. 

Page, 

CHAPTER  XVI. 

The  revolution  not  effected  without  great  sacrifices  and  sufferings  on  the  part 
of  the  Americans — Paper  money  issued — Depreciates — Taxes  not  called  for 
by  congress  until  November,  1777 — Paper  money  made  a  tender  in  payment  of 
debts — Prices  of  articles  fixed  by  law — Congress  attempt  to  call  in  the  paper, 
but  without  success — States  neglect  to  comply  with  the  requisitions — Con 
gress  present  an  address  to  the  states — Paper  ceases  to  circulate  in  1780 — 
Distresses  of  the  Americans  for  want  of  funds — Apply  to  France  for  aid — 
Special  minister  sent  to  the  French  court— King  of  France  furnishes  money 
— Loans  obtained  in  Holland— New  arrangements  in  the  civil  departments — 
Sufferings  of  the  army— General  Washington's  letters  on  this  subject— Revolt 
of  the  Pennsylvania  line—Americans  suffer  from  the  burning  of  their  towns — 
Discontents  among  the  officers  of  the  army— Half  pay  recommended  by  gen 
eral  Washington— Finally  granted — Is  unpopular  in  some  of  the  states—Offi 
cers  petition  congress  on  this  subject,  and  for  a  settlement  of  their  accounts 
-—Congress  delay  acting  on  their  memorial— This  creates  great  uneasiness 
among  the  officers— A  meeting  called  by  an  anonymous  notification  to  obtain 
redress— Prevented  by  general  Washington— Congress  grant  five  years'  full 
pay  in  lieu  of  the  half  pay  for  life— News  of  peace  arrives— Arrangements 
made  for  disbanding  the  army— General  Washington  sends  a  circular  letter  to 
the  states— Definitive  treaty  of  peace  arrives— Army  finally  disbanded— Gen 
eral  Washington  addresses  the  army  for  the  last  time— Takes  leaves  of  his 
officers— Resigns  his  commission  to  congress,  -  154 

CHAPTER  XVII.* 

After  the  peace  of  1783,  congress  take  measures  to  restore  public  credit — 
Amount  of  the  debt  of  the  United  States — States  requested  to  vest  congress 
with  power  to  levy  duties  on  imposts,  and  to  establish  funds  for  the  payment 
of  the  interest  of  the  debt — Address  to  the  states  on  the  subject — All  the  states 
grant  the  impost,  except  New  York — Congress  propose  to  enter  into  commer 
cial  treaties  with  most  of  the  powers  of  Europe — Establish  certain  principles 
respecting  treaties — Appoint  ministers  to  form  commercial  arrangements  with 
foreign  nations — Pitt's  bill  respecting  commercial  intercourse  with  the  United 
States  -Not  approved  by  the  new  minis  try  and  the  navigating  interest — Lord 
Sheffield's  observations  upon  it — King  and  council  authorized  to  regulate  the 
commerce  of  the  United  States — Americans  excluded  from  the  West  India 
trade — Disputes  with  Great  Britain  about  the  inexecution  of  the  treaty  of 
peace- -Mr.  Adams  sent  minister  to  England — His  instructions — His  reception 
at  the  court  of  London — Presents  a  memorial  to  the  British  ministers — British 
complain  of  infractions  of  the  treaty  on  the  part  of  the  United  States — Con 
gress  recommend  the  repeal  of  all  laws  contrary  to  the  treaty — Disputes  with 
Spain  renewed  about  limits  and  the  navigation  of  the  Mississippi — Gardoqui, 
minister  from  Spain,  arrives  Mr.  Jay  appointed  to  negociate  with  him — His 
instructionr,  nud  course  of  negociation  with  the  Spanish  minister — Cessions  of 
lands  by  the  states — Territory  of  the  United  States  formed  into  a  district — Or 
dinance  01  congress  for  the  government  of  the  territory — Inefficiency  of  the 
genera'  government — Depressed  state  of  American  commerce — Insurrection  in 
Massachusetts — Alarms  congress — Troops  ordered  to  be  raised  to  assist  Massa 
chusetts — Meeting  of  commissioners  from  several  states  at  Annapolis,  to  amend 
the  articles  of  confederation — General  convention  recommended  by  these  com 
missioners  and  by  congress — Delegates  to  this  convention  appointed  by  all  the 
states  except  Rhode  Island,  1W 

CHAPTER  XVIII. 

General  convention  meet  at  Philadelphia— Form  rules  for  their  proceedings — 
Propositions  of  Mr.  Randolph  for  a  new  system  of  government — Amendments 

*  Inserted  xvi,  by  mistake. 


CONTENTS.  <3 

Page. 

of  the  articles  of  confederation  proposed  by  Mr.  Patterson— Both  debated — The 
amendments  of  Mr.  Patterson  rejected— Large  majority  agree  to  form  a  new 
system  of  government— To  be  divided  into  \hree  great  departments,  legisla 
tive,  executive  and  judicial — Legislative  divided  into  two  branches,  house  of 
representatives  and  senate — Convention  divided  on  the  subject  of  the  represent 
ation  of  the  states  in  the  senate — Sketch  of  the  debate  on  this  question— States 
equally  divided  upon  it— The  subject  referred  to  a  large  committee— Commit 
tee  report  a  compromise  between  the  large  and  small  states— This  finally 
adopted  by  a  majority  of  the  convention— Sketch  of  the  powers  granted  to 
congress— General  government  prohibited  from  doing  certain  acts— The 
powers  of  the  states  restricted— The  organization  of  an  executive  attended 
with  great  difficulty— Outlines  of  the  first  plan  adopted  by  the  convention— - 
This  afterwards  rejected  and  a  new  plan  formed  and  eventually  adopted— 
Powers  given  to  the  executive— Judicial  department  to  consist  of  a  supreme 
court  and  inferior  courts— In  what  cases  they  have  jurisdiction— -Constitution 
eventually  different,  in  many  respects,  from  what  the  members  first  con 
templated—Difference  between  the  articles  of  confederation  and  the  constitu-  . 
tion — States  divided  on  the  subject  of  importing  slaves,  and  on  the  subject  of 
the  powers  of  congress,  relative  to  navigation  acts— These  differences  settled 
by  mutual  concessions— General  Washington's  influence  in  the  convention- 
Constitution  considered  by  state  conventions— People  greatly  divided  in  some 
of  the  states— Adopted  by  three  states  unanimously— By  large  majorities  in 
four  states— Rhode  Island  refuses  to  call  a  convention- -The  other  five  states 
much  divided— Doubtful  for  a  time  whether  they  would  ratify  it  without  pre 
vious  amendments— Massachusetts  adopts  it,  and  recommends  certain  amend 
ments—Convention  of  New  Hampshire  meet  and  adjourn— The  system 
strongly  opposed  in  New  York,  Virginia  and  North  Carolina,  without  previous 
amendments— Is  warmly  debated  in  the  conventions  of  those  states— New 
Hampshire  follows  the  example  of  Massachusetts- -Virginia  and  New  York 
adopt  it  in  the  same  manner  by  small  majorities— North  Carolina  refuses  her 
assent  unless  amended,  22 4 

CHAPTER  XIX. 

States  institute  forms  of  government  agreeably  to  the  advice  of  congress — 
States  of  Connecticut  and  Rhode  Island  proceed  according  to  their  charters — 
Massachusetts  at  first  conform  to  their  charter  as  far  as  practicable— New 
Hampshire,  South  Carolina,  Virginia,  New  Jersey,  Pennsylvania,  Delaware, 
Maryland,  and  North  Carolina,  establish  new  governments  in  the  course  of  the 
year  1776— Those  of  New  Hampshire,  South  Carolina,  and  New  Jersey,  lim 
ited  to  the  continuance  of  the  disputes  with  Great  Britain— -General  principles 
and  outlines  of  these  constitutions— New  York  establishes  a  government  iu 
1777— Its  general  features— Constitution  of  Massachusetts  not  finally  com 
pleted  until  1780— Vermont  not  a  part  of  the  union  until  1791— Claimed  by 
New  York  and  New  Hampshire—Declares  independence  in  1777— -Outlines 
of  her  constitution,  formed  in  1786— -Constitution  of  Georgia  as  established  in 
1789— After  the  formation  and  adoption  of  the  general  government,  principles 
of  making  constitutions  better  understood— Pennsylvania,  New  Hampshire, 
South  Carolina,  and  Delaware,  revise  and  alter  their  systems  of  government,  293 

CHAPTER  XX. 

First  congress  under  the  new  constitution  meet  at  New  York,  on  the  4th  of 
March,  1789— George  Washington  chosen  president,  and  John  Adams  vice- 
president— President's  inaugural  speech,  and  answers  of  both  houses-— Con 
gress  lay  tonnage  and  other  duties— Give  a  preference  to  American  shipping— - 
Establish  different  departments-— Determine  the  question  about  the  removal 
of  the  heads  of  these  departments— Power  of  removal  vested  in  the  presi 
dent  alone— Debate  on  this  subject— The  senate  about  equally  divided  upon 
it — Amendments  to  the  constitution  proposed— A  national  judiciary  establish- 


V     CONTENTS. 

%  — 

Page, 

ed— Its  powers  and  jurisdiction— Vessels  of  North  Carolina  arid  Rhode  Island 
placed  on  the  same  footing  with  those  of  the  United  States,  until  the  15th  of 
January,  1790--- Congress  direct  the  secretary  of  the  treasury  to  report,  at  their 
next  session,  a  plan  for  the  support  of  public  credit— Request  the  president  to 
recommend  the  observance  of  a  day  of  public  thanksgiving  and  prayer—Ad 
journ  to  the  first  Monday  of  January,  1790— North  Carolina  adopts  the'  con 
stitution  in  November— Speech  of  the  president  at  the  opening  of  the  second 
session  of  congress— He  recommends  the  promotion  of  such  manufactures, 
as  would  render  the  United  States  independent  on  others  for  essential  arti 
cles,  the  establishment  of  a  good  militia  system,  and  adequate  provision  for 
the  support  of  public  credit— Financial  plan  of  the  secretary  of  the  treas 
ury,  submitted  to  the  house  in  January — Outlines  of  this  plan — Secretary 
recommends  funding  the  debt  of  the  United  States,  and  the  assumption  of  the 
state  debts— This  creates  great  divisions  and  long  debates  in  congress — Motion 
to  discriminate  between  the  original  holders  and  the  assignees  of  the  domestic 
debt  negatived — Assumption  of  the  state  debts  violently  opposed — Debates 
on  this  question — Finally  carried — Terms  of  funding  the  debts — Commission 
ers  appointed  to  settle  the  accounts  between  the  states,  and  principles  of  set 
tlement  adopted — Census  of  the  inhabitants  to  be  taken  on  the  first  Monday 
of  August,  1790 — Third  session  commences  the  first  Monday  of  December, 
1790 — Vermont  and  Kentucky  admitted  into  the  union — National  bank  es 
tablished—Strongly  opposed  as  unconstitutional — Cabinet  divided  on  the 
question — President  decides  in  favor  of  its  constitutionality — Duties  laid  on 
spirits  distilled  within  the  United  States — Opposed  in  congress,  and  in  some 
of  the  states— Speech  of  the  president  at  the  opening  of  the  first  session  of  the 
second  congress  in  October,  1791 — Ratio  of  representation  settled — Difference 
between  the  houses  and  the  president  as  to  the  constitutional  rule  of  apportion 
ment — Gen.  St.  Clair  and  his  army  defeated  by  the  Indians— Opposition  to 
the  internal  duties  increases — The  two  great  parties  in  the  United  States 
more  distinctly  marked — Cabinet  divided—An  inquiry  into  the  official  conduct 
of  the  secretary  of  the  treasury,  instituted  in  the  house  of  representatives — 
Charges  exhibited  against  him — Negatived  by  a  large  majority — Supreme 
court  decides,  that  a  state  is  liable  to  a  suit  in  favor  of  individuals — An  amend 
ment  altering  the  constitution  in  this  respect  proposed  and  adopted — The 
first  term  of  president  Washington's  administration  expires  on  the  4th  of 
March,  1793,  .  317 

CHAPTER  XXL 

George  Washington  again  elected  president,  and  John  Adams  vice-president 
— Public  feeling  in  America  in  favor  of  the  French  revolution — France  declar 
ed  a  republic — Declare  war  against  England  and  Holland — Genet  a  new 
French  minister  arrives  in  America — Proclamation  of  neutrality  issued — Is 
strongly  opposed— French  minister's  instructions— He  is  directed  to  form  u 
family  or  national  compact  with  the  United  States — A  new  guaranty  of  the 
French  West  Indies  to  be  a  condition  of  enjoying  a  commerce  with  them— 
Conduct  of  Genet— Difference  between  him  and  the  American  executive- 
Causes  of  it — Genet  claims  a  right  to  arm  vessels  in  American  ports,  and  to 
issi,-'  commissions  and  to  enlist  Americans  to  man  them — Uses  intemperate 
language  in  his  correspondence — French  consuls  take  cognizance  of  prizes 
— Resist  the  officers  of  the  United  States — Genet  arms  and  sends  out  a  vessel 
directly  contrary  to  the  orders  of  the  president— Threatens  to  appeal  to  the 
people— President  requests  his  recall — Genet  furnished  with  a  copy  of  the 
letter  containing  this  request— His  insulting  reply— Issues  commissions,  and 
engages  men  in  South  Carolina  and  Kentucky  in  hostile  expeditions  against  the 
Spanish  possessions — Spirited  conduct  of  South  Carolina  against  such  pro 
ceedings—Conduct  of  the  French  agents  in  Kentucky— Their  correspondence 
with  the  governor  of  that  state — Correspondence  between  the  secretary  of 
state  and  governor  Shelby — Conduct  of  the  French  minister  supported  by 


CONTENTS.  t 

Page. 

many  Americans— President  accused  of  sacrificing  the  interests  of  France — 
Great  mass  of  the  people,  when  informed  of  the  threat  of  the  French  minis 
ter  to  appeal  to  them,  express  their  indignation  at  this,  and  support  the  presi 
dent,  -  -  &ffi 

CHAPTER  XXII. 

Political  relations  with  Great  Britain  under  the  new  government— The  president 
informally  sounds  the  British  government  relative  to  the  inexecution  of  the 
treaty,  and  a  commercial  intercourse — Discriminating  duties  in  the  United 
States  claim  the  attention  of  the  British  ministry— Referred  to  the  committee 
of  trade  and  plantations  in  J^eptember,  1789— Report  of  the  committee  on  this 
subject,  and  also  with  regard  to  the  terms  of  a  commercial  treaty  with  the  Uni 
ted  States — West  India  trade  not  to  be  open  to  the  Americans,  nor  the  princi 
ple  admitted  that  free  ships  should  make  free  goods—English  minister  arrives 
in  the  United  States— Enters  into  discussion  with  the  secretary  of  state  on  the 
subject  of  the  treaty— This  discussion  broken  off,  by  the  new  state  of  things 
in  Europe— British  orders  of  June  8th,  1793,  relative  to  certain  articles  of  pro 
visions  destined  to  France — American  government  remonstrates  against  these 
orders — Treaties  between  Great  Britain  and  Russia,  and  other  powers  on  this 
subject — Similar  orders  issued  by  Russia  and  other  nations  in  Europe — Reasons 
given  in  justification  of  them — Answers  of  some  of  the  European  neutrals — 
Algerine  cruizers  let  loose  upon  American  commerce  in  the  Atlantic,  in  conse 
quence  of  a  truce  between  Algiers  and  Portugal — This  truce  made  by  a  British 
agent — Many  American  vessels  captured,  and  their  crews  made  slaves — 
Speech  of  the  president  at  the  opening  of  congress  in  December,  1793— Re 
port  of  the  secretary  of  state  concerning  foreign  restrictions  on  American  com 
merce — Mr.  Jefferson  resigns — Mr.  Madison's  commercial  resolutions — New- 
British  orders  respecting  the  West  India  trade — American  vessels  bound  to  the 
West  Indies  taken  and  condemned — Congress  divided  as  to  the  mode  of  resist 
ing  these  aggressions  on  neutral  rights,  and  obtaining  satisfaction  and  indem 
nity — Various  plans  proposed  in  the  house  of  representatives — British  estab 
lish  a  new  military  post  at  the  rapids  of  the  Miami  of  the  lake — Mr.  Jay  nomi 
nated  minister  extraordinary  to  London — Reasons  of  the  president  for  this 
mission — Mr.  Jay's  instructions — Non-intercourse  bill  passed  by  the  house, 
but  rejected  in  the  senate — Congress  take  measures  of  defense — Lay  additional 
internal  taxes— Pass  acts  to  prevent  the  violation  of  the  neutrality  and  sove 
reignty  of  the  country— Fauchet  arrives  as  successor  to  Genet— Has  orclars  to 
send  Genet  to  France— Requests  liberty  of  the  president  to  take  him  by  force 
or  stratagem— President  refuses  his  request---Views  of  the  French  government 
not  changed— Mr.  Morris  recalled  from  France,  and  Mr.  Munroe  appointed 
his  successor— His  instructions,  390 

CHAPTER  XXIII. 

Insurrection  in  the  western  counties  of  Pennsylvania — The  marshall  unable  to 
execute  process — House  of  the  inspector  burnt  by  the  insurgents — Judge 
Wilson  declares  that  the  opposition  to  the  laws  was  too  powerful  to  be  sup 
pressed  by  ordinary  judicial  proceedings — Fifteen  thousand  militia  ordered  out 
to  suppress  the  insurrection — Commissioners  appointed  to  offer  terms  to  the 
insurgents— Mail  robbed — Meeting  at  Braddock's  field— Proceedings  of  the 
meeting  at  Parkinson's  ferry — Commissioners  hold  a  conference  with  a  com 
mittee  of  the  insurgents — Question  submitted  to  the  people  whether  they 
would  obey  the  laws — The  result  not  satisfactory,  and  a  military  force 
marches  into  the  country — The  insurgents  submit  without  resistance — Gen 
eral  Wayne  obtains  a  complete  victory  over  the  Indians — Congress  meet  in 
November,  1794 — Speech  of  the  president — Difference  in  the  house  concern 
ing  the  answer  to  the  speech — House  refuse  to  approve  of  the  conduct  of  the 
executive  towards  foreign  nations,  or  to  censure  self-created  societies — Plan 
of  the  secretary  of  the  treasury  for  the  redemption  of  the  public  debt— Adopt- 


CONTENTS. 

Page. 

ed  by  congress — Secretaries  of  the  treasury  and  of  war  resign — Negociations 
with  Spain  renewed— These  interrupted  by  Spain's  joining  the  coalition  against 
France — American  commerce  suffers  from  Spanish  depredations — This  pro 
duces  new  causes  of  complaint— Treaty  finally  concluded  in  October,  1795— 
Negociations  with  Algiers  for  the  release  of  American  captives— Exorbitant 
demands  of  the  Dey  resisted— The  business  of  procuring  the  release  of  the 
first  captives  placed  in  the  hands  of  a  religious  order  in  France,  but  without 
success— Treaty  made  with  the  Dey  in  September,  1795— Prisoners  not  final 
ly  released  until  1796,  -  421 

CHAPTER  XXIV. 

Mr.  Jay  concludes  a  treaty  with  Great  Britain  in  November,  1794— Outlines 
of  the  treaty — The  senate  advise  its  ratification,  with  the  exception  of 
one  article — Treaty  made  public  soon  after — Creates  great  dissatisfaction 
— Meetings  of  the  citizens  held  and  resolutions  of  disapprobation  adopted — 
Addresses  presented  to  the  president  requesting  him  not  to  sanction  it — Views 
of  the  president  on  the  subject  of  the  treaty,  and  of  the  opposition  to  it— Rat 
ifies  it  the  14th  of  August — Congress  meet  in  December — President's  speech 
at  the  opening  of  the  session — Adet  presents  the  colors  of  France  to  the  pre 
sident — Speeches  on  this  occasion — Petitions  against  the  British  treaty  circu 
lated  and  signed  by  the  people — Presented  to  the  house  of  representatives — 
Copy  of  the  treaty  laid  before  the  house — Resolution  submitted  to  the  house 
calling  on  the  president  for  Mr.  Jay's  instructions,  with  his  correspondence — 
Long  debates  on  this  resolution — Finally  adopted — President  refuses  the  pa 
pers — His  reasons  for  this  refusal — House  pass  a  resolution  declaratory  of 
their  rights  respecting  treaties — Resolution  submitted  to  the  house,  declar 
ing  it  expedient  to  make  provision  for  carrying  the  treaty  into  effect — Oc 
casions  long  debates— Finally  carried  by  a  small  majority,  442 

CHAPTER  XXV. 

Conduct  of  France  with  respect  to  the  British  treaty — French  government  con 
sider  the  treaty  of  1778,  at  an  end,  after  the  ratification  of  the  treaty  with 
Great  Britain — The  ultimate  measures  of  the  directory  not  taken  until  the  final 
vote  of  the  house  of  representatives  to  carry  it  into  effect — Directory  require 
the  aid  of  Holland  and  Spain  in  defeating  the  treaty — Conduct  of  these  na 
tions — Treaty  of  alliance,  offensive  and  defensive,  between  France  and  Spain 
— Spain  delays  fulfilling  her  treaty  with  the  United  States — Attempts  to  in 
duce  the  western  people  to  form  an  independent  empird — Instructions  of  the 
Spanish  governor  to  his  agent  on  this  subject — France  supposed  to  be  concern 
ed  in  this  plan — General  Washington  declines  being  a  candidate  for  the  presi 
dency — People  divided  with  respect  to  his  successor — French  minister  sup 
posed  to  interfere  in  the  election— President  Washington's  last  speech  to  con 
gress—He  recommends  among  other  things,  the  establishment  of  a  navy— 
Answers  of  both^  houses  express  great  respect  for  his  character,  and  a  high 
sense  of  his  eminent  services— French  depredations  on  American  commerce--- 
President  submits  to  congress  a  review  of  the  conduct  of  the  French  govern 
ment  towards  the  United  States— His  farewell  address  on  retiring  from  office,  479 


CONTENTS. 


APPENDIX. 

No.  1,  omitted. 

No.  2. 
Letter  to  the  president  of  congress,  from  the  British  commissioners,  June  lOtfe, 

1778,  ....  .  .501 

No.  3. 

Instructions  to  Dr.  Franklin,  minister  plenipotentiary  of  the  United  States,  to  the 
court  of  France,  October  22,1778,  .  .  .  .503 

No.  4. 

Plan  for  reducing  the  province  of  Canada,  referred  to  in  the  instructions  of  Hon. 
B.  Franklin,  minister  to  the  court  of  France,  October,  1778,  .  50i 

No.  5,  omitted. 

No.  6. 

Extract  from  a  statement  made  to  congress,  by  the  French  minister  Gerard,  con 
cerning  negociations  for  peace,  in  July,  1779,  .  .  .  508 

No.  7. 

Instructions  to  Mr.  Adams,  in  negociating  a  treaty  of  commerce  with  Great  Brit 
ain,  August  14th,  1779,  .  ....  510 

No.  8. 
Instructions  of  Mr.  Jay,  for  negociating  with  the  court  of  Spain,  in  September, 

1779,  ......  511 

No.  9. 

Statement  of  the  claim  of  the  United  States  to  the  western  country  as  far  as  the 
river  Mississippi,  as  well  as  their  right  to  the  navigation  of  that  river,  drawn 
up  by  congress,  in  October,  1780,  in  answer  to  the  extraordinary  claim  of  the 
Spanish  court :  and  transmitted  to  the  American  minister  at  Madrid,  -  512 

No.  10. 

Memorial  of  the  French  minister  to  congress,  concerning  the  offered  mediation 
of  the  empress  of  Russia  and  emperor  of  Germany,  ,  .  519 

No.  11. 

Report  of  a  committee  appointed  by  congress  to  confer  with  the  French  minister, 
on  the  subject  of  the  mediation  offered  by  the  empress  of  Russia,  and  emperor 
of  Germany,  &c.  made  in  May,  1781,  ,.  .  .'•  .  .  520 

No.  12. 

A  fragment  of  Polybius.  From  his  treatise  on  the  Athenian  government.  This 
was  presented  by  Sir  William  Jones,  to  Dr.  Franklin  at  Paris,  about  the  last  of 
June,  1782.  It  was,  no  doubt,  drawn  by  him,  and  was  supposed  to  be  an  in 
direct  mode  of  sounding  Dr.  Franklin,  as  to  terms  of  accommodation  with 
Great  Britain,  short  of  an  express  and  open  acknowledgment  of  the  indepen 
dence  of  the  United  States,  .  .  .  v  .  .  525 

No.  13. 

Letter  of  Barbe  de  Marbois,  charge  d'affaires  in  America,  to  count  de  Vergennes, 
which  was  intercepted  and  placed  in  the  hands  of  the  American  negociators  at 
Paris,  in  September,  1782,  .  '  '  -  ;  '  ;  .  528 

No.  14,  omitted. 

No.  15. 

Letter  and  representation  of  congress  to  the  king  of  France,  November  22d,  1780,  531 

No.  16,  omitted. 

No.  17. 

In  the  formation  of  treaties  of  amity  and  commerce  with  the  different  nations  of 
Europe,  the  ministers  plenipotentiary  of  the  United  States,  in  May,  1784,  were 
instructed  to  procure  stipulations  to  the  following  effect,  .  .  534 

No.  18,  omitted. 

No.  19. 

A  list  of  the  members  who  attended  the  general  convention,  which  formed  the 
new  constitution,  in  1787,  -  .  537 


CONTENTS. 

No.  20. 

Abstract  of  the  accounts  of  the  respective  states,  for  expenses  incurred  during  the 
revolutionary  war,  as  allowed  by  the  commissioners  who  finally  settled  said 
accounts,  .  .  .  .  .  533 

No.  21. 

Questions  proposed  by  president  Washington,  for  the  consideration  of  the  mem 
bers  of  the  cabinet,  in  April,  1793,  with  the  letter  which  enclosed  them,  538 


ERRATA. 

Page  36,  in  12th  line  from  the  top  read  Maryland  for  "  Delaware." 
"     123,  at  the  bottom,  read  wild  for  "  western." 
"     279,  in  the  8th  line  from  the  bottom,  read  79  for  "  80,"  and 

in  the  9th  line,  for  "  88"  read  89. 
"     323,  in  the  18th  line  from  the  top,  before  the  word  esteem, 

read  their  for  "  your." 
"     330,  in  the  second  line  from  the  top,  insert  "  w"  between  the 

words  "  and  its." 
"     498,  in  the  8th  line  from  the  top,  read  charter  for  "charters." 


reader  will  observe  that  four  or  five  notes  referred  to,  arc 
not  in  the  appendix.  We  had  originally  intended  to  insert  them,  but 
from  their  length,  they  would  make  the  second  volume  considerably 
larger  than  the  first,  and  as  the  substance  of  them  is  contained  in  the 
bodv  of  the  work,  they  have  been  omitted. 


HISTORY,  &c. 


CHAPTER  XL 

Outlines  of  the  plan  of  confederacy  submitted  to  congress  by  Dr.  Franklin,  July,  1775 
— Not  acted  upon — June  llth,  1776,  congress  appoint  a  committee  of  one  from  a 
state  to  prepare  a  plan  of  confederation — Plan  reported  July  following — Is  debated 
in  congress  at  various  times  until  the  15th  of  November,  1777,  when  it  is  adopted 
— Outlines  of  the  system — Congress  divided  as  to  terms  of  union — Particularly  the 
mode  of  voting  in  congress,  the  rule  of  apportioning  expenses  among  the  states, 
and  the  disposition  of  the  western  lands — Articles  sent  to  the  several  states  with  a 
circular  letter — Adopted  by  some  states  without  amendment — Principal  amendments 
proposed  by  several  states— All  the  states  except  New  Jersey,  Delaware  and  Mary 
land,  instruct  their  delegates  to  ratify  and  sign  the  articles,  if  their  amendments 
should  be  rejected  by  congress — Objections  of  New  Jersey — Congress  nearly  equal 
ly  divided  on  the  amendment  proposed  about  the  western  lands — Articles  ratified 
by'New  Jersey  and  Delaware — Maryland  gives  special  instructions  to  her  delegates 
not  to  ratify  them,  without  an  amendment  securing  the  western  lands  for  the  benefit 
of  the  union — These  instructions  laid  before  congress — States  of  Virginia  and  Con 
necticut  empower  their  delegates  to  agree  to  the  confederacy,  exclusive  of  Maryland 
— Other  states  unwilling  to  do  this — Compromise  about  the  western  lands — New 
York  cedes  for  the  benefit  of  the  union  her  claim  to  lands  west  of  a  certain  line — • 
Congress  recommend  to  the  other  states  to  make  liberal  cessions  for  the  same  pur 
pose — Virginia  cedes  her  right  to  the  country  north  west  of  the  Ohio — Maryland 
accedes  to  the  union,  and  the  articles  signedjby  her^delegates  March  first,  1781 — 
the  union  then  completed. 

IT  will  be  remembered,  that  in  the  summer  of  1775,  Dr.  Frank 
lin  submitted  to  congress,  articles  of  confederation  and  perpetual 
union  among  the  colonies,  but  which  were  not  finally  acted  upon. 
A  majority  in  that  body  were  not  then  prepared  for  so  decisive 
a  step.  The  purport  of  his  plan  was,  that  the  colonies  entered 
"  into  a  firm  league  of  friendship  with  each  other,  binding  on 
themselves  and  their  posterity,  for  the  common  defense  against 
their  enemies,  for  the  security  of  their  liberties  and  properties, 

VOL.  II.  2 


10  POLITICAL  AND  CIVIL  HISTORY 

the  safety  of  their  persons  and  families,  and  their  mutual  and 
general  welfare." 

Each  colony  was  to  retain  its  own  laws,  customs,  rights,  priv 
ileges  and  peculiar  jurisdiction ;  delegates  to  be  chosen  from 
each  colony  annually,  to  meet  in  congress  ;  and  their  sessions 
were  to  be  held  in  each  colony  by  rotation  ;  congress  to  have  the 
power  of  determining  on  war  and  peace  ;  sending  and  receiving 
ambassadors,  and  entering  into  alliances  (the  reconciliation  with 
Great  Britain ;)  settling  disputes  and  differences  between  colony 
and  colony  about  limits  or  any  other  cause ;  and  the  planting  of 
new  colonies,  when  proper.  To  have  power  "  to  make  such 
general  ordinances  as,  though  necessary  to  the  general  welfare, 
particular  assemblies  cannot  be  competent  to  use ;  those  that 
may  relate  to  general  commerce,  or  general  currency ;  the 
establishment  of  posts  ;  and  the  regulation  of  the  common  forces  : 
And  the  appointment  of  all  general  officers,  civil  and  military, 
appertaining  to  the  general  confederacy." 

The  charges  of  war,  and  all  other  general  expenses  incurred 
for  the  common  welfare,  to  be  defrayed  out  of  a  common  treas 
ury,  to  be  supplied  by  each  colony,  in  proportion  to  its  number 
of  male  polls  between  sixteen  and  sixty  years  of  age  ;  the  taxes 
for  paying  such  proportion  to  be  laid  and  levied  by  each  colony. 

The  number  of  delegates  from  each  colony  was  to  be  regulat 
ed,  from  time  to  time,  by  the  number  of  such  polls  returned,  one 
delegate  to  be  allowed  for  every  five  thousand  polls,  and  the 
number  to  be  taken  triennially.  One  half  of  the  members,  "  in 
clusive  of  proxies,"  to  be  necessary  for  a  quorum,  and  each  dele 
gate  to  have  a  vote  in  all  cases,  and  if  absent,  might  appoint  any 
other  delegate  from  the  same  colony,  his  proxy,  to  vote  for  him. 

An  executive  council  was  to  be  appointed  by  congress  out  of 
their  own  body,  to  consist  of  twelve  persons  ;  of  whom  in  the  first 
appointment,  one  third,  viz.  "  four  shall  be  for  one  year,  four  for 
two  years,  and  four  for  three  years  ;  and  as  the  said  terms  expire, 
the  vacancies  shall  be  filled  by  appointments  for  three  years  ; 
whereby  one  third  of  the  members  will  be  changed  annually." 

"  This  council,  (two  thirds  to  be  a  quorum  in  the  recess  of  con 
gress,)  are  to  execute  what  shall  have  been  enjoined  by  that  body ; 


OF  THE  UNITED  STATES.  1 1 

to  manage  the  general  continental  business,  and  interests ;  to 
receive  applications  from  foreign  countries  ;  to  prepare  matters 
for  the  consideration  of  congress  ;  to  fill  up,  pro  tempore,  conti 
nental  offices  that  fall  vacant ;  and  to  draw  on  the  general  treas 
urer  for  such  moneys  as  may  be  necessary  for  general  services, 
and  appropriated  by  the  congress  to  such  services." 

No  colony  to  engage  in  offensive  war  with  any  nation  of  In 
dians  without  the  consent  of  congress.  A  perpetual  alliance, 
offensive  and  defensive,  was  to  be  entered  into  with  the  six  na 
tions  of  Indians  ;  their  limits  to  be  ascertained  and  their  lands 
secured  to  them,  not  encroached  upon,  nor  any  purchases  made 
of  them  by  any  colony.  The  boundaries  and  lands  of  all  the 
other  Indians  to  be  ascertained  and  secured  in  the  same  manner ; 
and  persons  to  be  appointed  to  reside  among  them,  and  prevent 
injustice  in  the  trade  with  them,  and  to  relieve  at  the  general  ex 
pense,  "  by  occasional  and  small  supplies,"  their  personal  wants 
and  distresses.  And  all  purchases  from  them  to  be  by  congress, 
for  the  general  advantage  and  benefit  of  the  United  States. 
Congress  was  empowered  from  time  to  time,  to  propose  amend 
ments,  which,  if  approved  by  a  majority  of  the  colony  assemblies, 
to  be  binding. 

The  other  British  colonies  upon  the  continent  of  North  Amer 
ica,  were  permitted  to  join  the  confederacy.  These  articles,  if 
approved  by  the  several  provincial  conventions  or  assemblies, 
were  "  to  continue  firm  till  the  terms  of  reconciliation  proposed 
in  the  petition  of  the  last  congress  to  the  king  are  agreed  to  ;  till 
the  acts  since  made,  restraining  the  American  commerce  and 
fisheries  are  repealed  ;  till  reparation  is  made  for  the  injury  done 
to  Boston,  by  shutting  up  its  port ;  for  the  burning  of  Charles- 
town  ;  and  for  the  expense  of  this  unjust  war,  and  till  all  the  British 
troops  are  withdrawn  from  America.  On  the  arrival  of  these 
events,  the  colonies  will  return  to  their  former  connexion  and 
friendship  with  Britain,  but  on  failure  thereof,  this  confederation 
to  be  perpetual." 

The  subject  of  a  compact  between  the  colonies,  remained  in 
this  situation,  until  June,  1776.  A  majority  of  congress  having 


12  POLITICAL  AND  CIVIL  HISTORY 

then  come  to  the  resolution  of  declaring  America  independent, 
the  necessity  of  such  a  compact,  as  well  for  mutual  security  and 
succor,  as  for  obtaining  foreign  aid,  was  obvious. 

On  the  llth  of  June  1776,  therefore,  the  day  following  that,  in 
which  the  resolution  in  favor  of  independence  passed  in  commit 
tee  of  the  whole,  congress  determined  to  appoint,  a  committee  to 
prepare  and  digest  the  form  of  a  confederation  ;  and  the  next 
day,  the  following  gentlemen  were  selected  for  this  important  ob 
ject.  Mr.  Bartlet,  from  New  Hampshire  ;  Samuel  Adams,  from 
Massachusetts  ;  Mr.  Hopkins,  from  Rhode  Island  ;  Mr.  Sherman, 
from  Connecticut ;  R.  Livingston,  from  New  York  ;  Mr.  Dickinson, 
from  Pennsylvania  ;  Mr.  McKean,  from  Delaware  ;  Mr.  Stone, 
from  Maryland  ;  Mr.  Nelson,  from  Virginia  ;  Mr.  Hewes,  from 
North  Carolina  ;  E.  Rutledge,  from  South  Carolina  ;  and  Mr. 
Gwinnett,  from  Georgia. 

This  committee,  on  the  1 2th  of  July  following,  reported  a  plan 
of  confederacy,  consisting  of  twenty  articles.  Eighty  copies  only 
were  ordered  to  be  printed,  and  the  members,  as  well  as  the  se 
cretary  and  printer,  were  under  an  injunction  not  to  disclose  the 
contents  of  it,  or  furnish  copies  to  any  person.  On  the  22d  of 
the  same  month,  it  was  discussed  in  committee  of  the  whole,  and 
was  under  consideration,  until  the  20th  of  August,  when  an 
amended  draft  was  reported  to  the  house. 

The  difficulty  in  agreeing  upon  the  details  of  the  system,  as 
well  as  the  gloomy  aspect  of  American  affairs  at  this  period,  pre 
vented  congress  from  resuming  this  subject,  until  April  1777; 
when  they  resolved,  that  two  days  in  each  week  should  be  em 
ployed,  "  until  it  shall  be  wholly  discussed."  The  amended  draft 
was  considered  and  debated  accordingly,  until  the  26th  of  June, 
when  it  was  again  postponed  to  the  2d  of  October,  and  was 
not  finally  adopted  by  congress,  until  the  15th  of  November, 
1777. 

The  outlines  of  the  system  were,  that  the  thirteen  states  form 
ed  a  confederacy,  under  the  style  and  name  of  "the  United 
States  of  America;1'  by  which  they  entered,  "into  a  firm  league 
of  friendship  with  each  other,  for  their  defense,  the  security  of 


OF  THE  UNITED  STATES.  1 3 

their  liberties,  and  their  mutual  and  general  welfare,  binding 
themselves  to  assist  each  other  against  all  force  offered  to,  or  at 
tacks  made  upon  them,  or  any  of  them,  on  account  of  religion, 
sovereignty,  trade,  or  any  other  pretence  whatever." 

Each  state  was  to  retain  its  sovereignty,  freedom,  and  inde 
pendence,  and  every  power,  jurisdiction,  and  right,  not  expressly 
delegated  to  the  United  States  in  congress  assembled.  Dele 
gates  were  to  be  annually  appointed  by  each  state,  not  less  than 
three,  nor  more  than  seven,  to  meet  in  congress,  on  the  first  Mon 
day  of  November,  every  year ;  and  each  state  had  a  right  to  re 
call  their  delegates  within  the  year,  and  to  appoint  others,  in  their 
stead.  No  person  to  be  capable  of  being  a  delegate,  for  more  than 
three  years,  in  any  term  of  six  years,  or  of  holding  any  office  of 
emolument  under  the  United  States — each  state  to  maintain  its 
own  delegates,  and  in  determining  questions,  to  have  one  vote. 

No  state  was  to  enter  into  a  treaty,  agreement,  or  alliance  with 
any  foreign  nation ;  nor  were  any  two  or  more  states,  to  enter 
into  any  confederation  or  alliance  whatever,  between  themselves, 
without  the  consent  of  congress. 

The  states  were  likewise  prohibited  from  laying  imposts, 
which  should  interfere  with  any  stipulations  in  treaties  entered 
into  by  congress  with  any  nation,  prince,  or  state,  in  pursuance 
of  any  treaties  already  proposed  to  France  and  Spain.  Nor 
could  they  keep  vessels  of  war,  in  time  of  peace,  except  such 
number  only  as  congress  should  deem  necessary,  for  the  defense 
of  the  state,  or  its  trade  ;  nor  keep  up  any  body  of  forces,  except 
such  number,  as,  in  the  judgment  of  congress,  were  requisite,  to 
garrison  their  forts  ;  nor  engage  in  any  war,  except  actually  in 
vaded  by  enemies,  or  in  such  imminent  danger  of  invasion,  as 
not  to  admit  of  the  delay  of  consulting  congress. 

All  the  charges  of  war  and  other  expenses,  to  be  incurred  for 
the  common  defense,  or  general  welfare,  were  to  be  defrayed  out 
of  a  common  treasury,  to  be  supplied  by  the  several  states,  in  pro 
portion  to  the  value  of  all  lands  within  each  state  granted  to,  or 
surveyed  for  any  person,  as  such  lands,  buildings,  and  improve 
ments  thereon,  should  be  estimated,  according  to  such  mode  as 


14  POLITICAL  AND  CIVIL  HISTORY 

congress  might  from  time  to  time,  direct  and  appoint ;  the  taxes 
for  paying  such  proportion  to  be  laid  and  levied  by  the  legisla 
tures  of  the  several  states,  within  the  time  agreed  upon  by  con 
gress. 

The  general  legislature  had  the  sole  and  exclusive  power  of 
peace  and  war,  except  in  case  of  invasion,  or  Imminent  danger 
of  invasion  of  any  state — of  sending  and  receiving  ambassadors 
— entering  into  treaties  and  alliances,  with  a  proviso,  that  no 
treaty  of  commerce  should  abridge  the  legislative  power  of  the 
respective  states,  of  imposing  such  imposts  and  duties  on  foreign 
ers,  as  their  people  were  subject  to,  or  of  prohibiting  exportation 
or  importation  of  any  species  of  goods  or  commodities  whatever 
— of  deciding  captures  made  on  land  or  water — of  granting  let 
ters  of  marque  and  reprisal,  in  time  of  peace — appointing  courts 
for  trial  of  piracies  and  felonies  committed  on  the  high  seas,  and 
for  the  trial  of  appeals,  in  all  cases  of  captures.  Congress  were, 
also,  invested  with  the  power  of  finally  determining  all  disputes 
and  differences  then  subsisting,  or  which  should  arise,  between 
two  or  more  states,  concerning  boundary,  jurisdiction,  or  any 
other  cause  whatever,  and  the  manner  of  exercising  this  power, 
was  particularly  pointed  out,  in  the  articles — no  state,  however, 
was  to  be  deprived  of  territory,  for  the  benefit  of  the  United 
States.  They  had,  likewise,  the  sole  right  of  regulating  the  alloy 
and  value  of  coin  struck  by  themselves,  or  by  the  states  ;  of  fix 
ing  the  standard  of  weights  and  measures,  of  regulating  the  trade, 
and  managing  all  affairs  with  the  Indians,  not  members  of  any  of 
the  states,  establishing  and  regulating  post-offices,  appointing  all 
officers  of  the  land  forces,  in  the  service  of  the  United  States,  ex 
cepting  regimental  officers ;  appointing  all  naval  officers,  and 
making  rules  for  the  government  of  the  land  and  naval  forces. 

They  were  authorized  to  appoint  a  committee,  to  sit,  in  the  re 
cess  of  congress,  to  be  denominated  a  committee  of  the  states, 
to  consist  of  one  delegate  from  each  state — to  appoint  other  com 
mittees  and  civil  officers — to  appoint  a  president  of  congress  ;  but 
no  person  was  to  serve  in  that  office,  more  than  one  year,  in  any 
term  of  three  years — to  ascertain  the  necessary  sums  of  money  to 


OF  THE  UNITED  STATES.  15 

be  raised,  and  to  appropriate  and  apply  the  same — to  borrow 
money,  or  emit  bills  on  the  credit  of  the  United  States,  transmit 
ting  to  each  state,  every  half  year,  the  amount  so  borrowed  or 
emitted — to  build  and  equip  a  navy — to  agree  on  the  number  of 
land  forces,  and  to  make  requisitions  from  each  state,  for  its  quo 
ta,  in  proportion  to  the  number  of  white  inhabitants  of  such  state, 
the  legislature  of  each  state  to  appoint  the  regimental  officers, 
raise  the  men,  and  clothe,  arm,  and  equip  them,  at  the  expense 
of  the  United  States.  Congress  were  never  to  engage  in  war, 
grant  letters  of  marque  and  reprisal,  enter  into  any  treaties  or  al 
liances,  coin  money,  or  regulate  its  value,  ascertain  the  sums  and 
expenses  necessary  for  the  defense  and  welfare  of  the  United 
States,  emit  bills  of  credit,  borrow  or  appropriate  money,  agree 
upon  the  number  of  vessels  of  war,  or  the  number  of  land  and 
sea  forces,  or  appoint  a  commander  in  chief  of  the  army  and  na 
vy,  unless  nine  states  should  assent  to  the  same — nor  could  a  ques 
tion,  on  any  other  point,  except  adjournment  from  day  to  day,  be 
determined,  unless  by  the  votes  of  a  majority  of  the  United 
States  in  congress.  A  committee  of  the  states,  or  any  nine  of 
them,  were  authorized  to  execute,  in  the  recess  of  congress,  such  of 
the  powers  of  that  body,  as  by  the  consent  of  nine  states,  congress 
should  think  expedient  to  vest  them  with  ;  but  no  power  was  to 
be  delegated  to  this  committee,  the  exercise  of  which  required 
the  voice  of  nine  states  in  congress.  Every  state  was  to  abide 
by  the  determination  of  congress,  on  all  questions  submitted  to 
them  by  the  confederation  ;  the  union  was  to  be  perpetual,  nor 
was  any  alteration  in  the  articles  to  be  made,  unless  agreed  to,  in 
congress,  and  afterwards  confirmed  by  the  legislatures  of  every 
state.  The  articles  provided,  that  Canada,  acceding  to  the  con 
federation,  and  joining  in  the  measures  of  the  United  States, 
should  be  admitted  into  the  union  ;  but  no  other  colony,  without 
the  consent  of  nine  states. 

This  plan  of  union,  was  to  be  proposed  to  the  legislatures  of 
all  the  states,  and,  if  approved,  they  were  advised  to  authorize 
their  delegates  in  congress,  to  ratify  the  same ;  this  being  done, 
it  was  to  be  conclusive.* 

*Notel. 


16  POLITICAL  AND  CIVIL  HISTORY 

In  forming  a  plan  of  union,  among  thirteen  states,  differing  in 
extent,  wealth,  and  population,  as  well  as  in  habits,  education,  and 
religious  opinions,  and  between  some  of  which  serious  disputes 
existed  relative  to  boundaries,  unanimity  on  all  questions,  was  not 
to  be  expected. 

In  discussing  its  principles,  a  diversity  of  sentiment  prevailed 
among  the  states,  on  three  important  points. 

First,  as  to  the  mode  of  voting  in  congress,  whether,  by  states, 
or  according  to  wealth  or  population. 

Second,  as  to  the  rule,  by  which  the  expenses  of  the  union, 
should  be  apportioned  among  the  states. 

Third,  relative  to  the  disposition  of  the  vacant  and  unpatent- 
ed  western  lands. 

With  respect  to  the  first,  it  was  urged  by  Virginia,  that  the 
votes,  should  be  in  proportion  to  the  population  or  wealth  of  each 
state,  and  not  by  states,  as  reported  by  the  committee. 

When  this  part  was  under  the  consideration  of  congress,  in  Oc 
tober  1777,  it  was  first  proposed,  as  an  amendment,  that  the 
states  of  Rhode  Island,  Delaware,  and  Georgia,  should  each  have 
one  vote,  and  all  the  other  states  one  vote,  for  every  fifty  thou 
sand  white  inhabitants.  The  states  of  Virginia  and  Pennsylva 
nia,  (the  latter  then  represented  by  one  member  only,)  were  in 
favor  of  this  proposition — North  Carolina  divided,  and  the  other 
states  against  it.  It  was  then  moved,  that  each  state  should  send 
one  delegate  for  every  thirty  thousand  inhabitants,  and  that  each 
delegate  have  a  vote.  On  this  question,  Virginia  was  in  the  af 
firmative,  North  Carolina  divided,  and  all  the  other  states  in  the 
negative. 

It  was  also  proposed,  that  the  representatives  of  each  state,  be 
computed  by  numbers,  proportioned  according  to  its  contribution 
of  money,  or  tax  levied  and  paid.  The  state  of  Virginia  alone, 
was  in  favor  of  this  proposition  ;  and  on  the  final  question,  that 
the  votes  should  be  by  states,  Virginia  was  against  it,  and  North 
Carolina  divided. 

With  respect  to  the  expenses  of  the  union,  it  was  decided,  in 
committee  of  the  whole,  that  they  should  be  paid  by  the  states. 


OF  THE  UNITED  STATES.  17 

in  proportion  to  the  number  of  inhabitants  of  every  age,  sex  and 
quality,  (except  Indians  not  paying  taxes,)  in  each  state,  the 
number  to  be  taken  every  three  years.  As  this  included  slaves, 
strong  objections  were  made  by  the  states  having  this  species  of 
population,  and  an  alteration  was  proposed  and  finally  carried, 
that  the  expenses  of  the  union,  should  be  borne  by  the  states 
in  proportion  to  the  value  of  all  lands  granted  to,  or  surveyed 
for  any  person,  and  the  buildings  and  improvements  thereon, 
to  be  estimated  according  to  such  mode  as  congress  should 
direct. 

The  states  of  New  Hampshire,  Massachusetts,  Rhode  Island, 
and  Connecticut  were  opposed  to  •  this  alteration ;  the  states  of 
New  York  and  Pennsylvania  divided,  and  the  states  of  New  Jer 
sey,  Maryland,  Virginia,  North  and  South  Carolina,  in  its  favor. 

Some  of  the  states  were  of  opinion,  that  congress  should  be 
invested  with  the  power  of  settling  and  fixing  the  limits  of  such 
states,  as  claimed  to  the  Mississippi,  or  south  sea,  by  virtue  of  their 
original  charters  or  grants,  and  that  the  lands  beyond  such  limit s, 
should  enure  to  the  benefit  of  the  United  States.  An  amend 
ment  was,  therefore,  proposed,  that  congress  should.have  the  sole 
and  exclusive  power,  to  ascertain  and  fix  the  western  boundary 
of  such  states,  as  claimed  to  the  south  sea,  and  to  dispose  of  all 
lands  beyond  such  boundary,  for  the  benefit  of  the  union. 

This  being  negatived,  the  proposition  was  varied,  providing 
that  congress  should  fix  the  western  bounds  of  each  state,  and 
lay  out  the  lands  beyond  such  bounds  into  new  states. 

Maryland  voted  for  this  amendment,  New  Jersey  was  divided, 
and  the  other  states  were  against  it.  The  following  circular  let 
ter  to  the  states  accompanied  this  system. 

"  Congress  having  agreed  upon  a  plan  of  confederacy  for  se 
curing  the  freedom,  sovereignty,  and  independence  of  the  United 
States,  authentic  copies  are  now  transmitted  for  the  consideration 
of  the  respective  legislatures.  The  business,  equally  intricate 
and  important,  has  in  its  progress  been  attended  with  uncommon 
embarrassments  and  delay,  which  the  most  anxious  solicitude 
and  persevering  diligence  could  not  prevent. 

VOL.  II.  3 


18  POLITICAL  AND  CIVIL  HISTORY 

"  To  form  a  permanent  union,  accommodated  to  the  opinioft 
and  wishes  of  the  delegates  of  so  many  states,  differing  in  habits, 
produce,  commerce,  and  internal  police,  was  found  to  be  a  work 
which  nothing  but  time  and  reflection,  conspiring  with  a  dispo 
sition  to  conciliate,  could  mature  and  accomplish.  Hardly  is  it 
to  be  expected  that  any  plan,  in  the  variety  of  provisions  essen 
tial  to  our  union,  should  exactly  correspond  with  the  maxims  and 
political  views  of  every  particular  state.  Let  it  be  remarked, 
that  after  the  most  careful  inquiry,  and  the  fullest  information, 
this  is  proposed  as  the  best  which  could  be  adapted  to  the  circum 
stances  of  all,  and  as  that  alone  which  affords  any  tolerable  pros 
pect  of  general  ratification.  Permit  us  then  earnestly  to  recom 
mend  these  articles  to  the  immediate  and  dispassionate  attention 
of  the  legislatures  of  the  respective  states.  Let  them  be  candid 
ly  reviewed  under  a  sense  of  the  difficulty  of  combining  in  one 
general  system  the  various  sentiments  and  interests  of  a  conti 
nent  divided  into  so  many  sovereign  and  independent  communi 
ties,  under  a  conviction  of  the  absolute  necessity  of  uniting  all 
our  councils  and  all  our  strength  to  maintain  and  defend  our 
common  liberties.  Let  them  be  examined  with  a  liberality  be 
coming  brethren  and  fellow  citizens  surrounded  by  the  same 
imminent  dangers,  contending  for  the  same  illustrious  prize,  and 
deeply  interested  in  being  forever  bound  and  connected  together 
by  ties  the  most  intimate  and  indissoluble. 

"  And  finally,  let  them  be  adjusted  with  the  tcmpefc  and  magna 
nimity  of  wise  and  patriotic  legislators,  who,  while  they  are  con 
cerned  for  the  prosperity  of  their  own  more  immediate  circle, 
are  capable  of  rising  superior  to  local  attachments  when  they  may 
be  incompatible  with  the  safety,  happiness  and  glory  of  the  gen 
eral  confederacy. 

"  We  have  reason  to  regret  the  time  which  has  elapsed  in  pre 
paring  this  plan  for  consideration.  With  additional  solicitude 
we  look  forward  to  that  which  must  be  necessarily  spent  before 
it  can  be  ratified.  Every  motive  loudly  calls  upon  us  to  hasten 
its  conclusion. 


OF  THE  UNITED  STATES.  19 

**  More  than  any  other  consideration,  it  will  confound  our  for 
eign  enemies,  defeat  the  flagitious  practices  of  the  disaffected, 
strengthen  and  confirm  our  friends,  support  our  public  credit,  re 
store  the  value  of  our  money,  enable  us  to  maintain  our  fleets  and 
armies,  and  add  weight  and  respect  to  our  councils  at  home,  and 
to  our  treaties  abroad. 

"  In  short,  this  salutary  measure  can  no  longer  be  deferred.  It 
seems  essential  to  our  very  existence  as  a  free  people  ;  and  without 
it,  we  may  soon  be  constrained  to  bid  adieu  to  independence,  to 
liberty,  and  safety  ;  blessings  which,  from  the  justice  of  our  cause 
and  the  favor  of  our  Almighty  Creator,  visibly  manifested  in  our 
protection,  we  have  reason  to  expect,  if,  in  an  humble  depen 
dence  on  his  divine  providence,  we  strenuously  exert  the  means 
which  are  placed  in  our  power.  To  conclude,  if  the  legislature 
of  any  state  shall  not  be  assembled,  congress  recommend  to  the 
executive  authority  to  convene  it  without  delay  ;  and  to  each  re 
spective  legislature,  it  is  recommended  to  invest  its  delegates 
with  competent  powers  ultimately,  in  the  name  and  behalf  of  the 
state,  to  subscribe  articles  of  confederation  and  perpetual  union 
of  the  United  States,  and  to  attend  congress  for  that  purpose,  on 
or  before  the  10th  day  of  March,  1778." 

The  plan  was  considered  by  the  legislatures  of  the  several 
states,  in  the  winter  of  1778,  and  by  some  was  adopted  without 
amendments,  by  others,  various  amendments  were  proposed. 

In  June  1778,  the  delegates  from  the  several  states,  in  congress, 
were  called  upon  for  their  instructions,  on  this  important  subject. 
New  Hampshire,  New  York,  Virginia  and  North  Carolina,  had 
adopted  the  plan,  without  amendments ;  but  some  material  al 
terations  were  proposed  by  the  others  ;  all  the  states  however,  ex 
cept  New  Jersey,  Delaware  and  Maryland,  had  instructed  their 
delegates  to  ratify  the  articles,  even  if  the  amendments  proposed 
by  them,  should  be  rejected  by  congress. 

These  various  amendments  shew  the  views  of  the  states,  at 

that  period,  on  the  new  and  important  subject  of  a  confederacy. 

One  of  the  principal  objections  of  Maryland,  as  well  as  some 

of  the  other  states,  was,  that  the  western  lands  were  not  secured 


20  POLITICAL  AND  CIVIL  HISTORY 

for  the  benefit  of  the  union.  In  pursuance  of  their  instructions, 
the  'Maryland  delegates  proposed  an  amendment,  vesting  con 
gress  with  power  "  to  appoint  commissioners,  who  should  be  fully 
authorized  and  empowered  to  ascertain  and  restrict  the  bounda 
ries  of  such  of  the  confederated  states  which  claim  to  extend  to 
the  river  Mississippi  or  south  sea." 

On  this  interesting  question  the  states  were  almost  equally  di 
vided  ;  Rhode  Island,  New  Jersey,  Pennsylvania,  Delaware  and 
Maryland,  were  in  favor  of  the  amendment,  Massachusetts,  Con 
necticut,  Virginia,  South  Carolina  and  Georgia  against  it,  and 
New  York  divided,  the  delegates  from  North  Carolina  not  being 
present. 

Massachusetts  proposed  that  the  rule  for  settling  the  propor 
tion  of  taxes  to  be  paid  by  each  state,  should  be  reconsidered, 
"  so  that  the  rule  of  apportionment  might  be  varied  from  time  to 
time,  by  congress,  until  experience  shall  have  shown  what  rule  of 
apportionment  shall  be  most  equal,  and  consequently  most  just." 

This  state  also,  recommended  the  reconsideration  of  the  rule  of 
apportioning  the  number  of  forces  to  be  raised  by  each  state  on 
the  requisition  of  congress. 

These  amendments  were  negatived  ;  two  states  only  voting  for 
the  first,  and  three  for  the  second. 

^  Rhode  Island  felt  a  strong  interest  in  having  a  share  in  the 
western  lands  ;  she  therefore  proposed  an  amendment,  providing 
"  that  all  lands  within  those  states,  the  property  of  which,  before 
the  present  war,  was  vested  in  the  crown  of  Great  Britain,  or  out 
of  which  revenues  from  quit-rents  arise  payable  to  the  said 
crown,  shall  be  deemed,  taken,  and  considered,  as  the  property 
of  these  United  States,  and  be  disposed  of  and  appropriated  by 
congress,  for  the  benefit  of  the  whole  confederacy,  reserving, 
however,  to  the  states  within  whose  limits  such  crown  lands  may 
be,  the  entire  and  complete  jurisdiction  thereof." 

Connecticut  not  only  recommended  that  the  taxes  to  be  paid  by 
each  state,  should  be  in  proportion  to  its  number  of  inhabitants, 
instead  of  the  value  of  its  lands,  but  also  the  following  limitation 
of  the  powers  of  the  general  government,  in  relation  to  a  stand- 


OF  THE  UNITED  STATES.  21 

ing  army  :  "  Provided  that  no  land  army  shall  be  kept  up  by  the 
United  States  in  time  of  peace,  nor  any  officers  or  pensioners 
kept  in  pay  by  them,  who  are  not  in  actual  service,  except  such  as 
are,  or  may  be  rendered  unable  to  support  themselves  by  wounds 
received  in  battle  in  the  service  of  the  said  states,  agreeably  to 
the  provisions  already  made  by  a  resolution  of  congress." 

The  most  material  amendment  suggested  by  Pennsylvania, 
was,  that  the  number  of  land  forces  to  be  furnished  by  each  state, 
should  be  according  to  the  whole  number  of  inhabitants  of  every 
description,  instead  of  the  white  inhabitants  as  provided  in  the 
articles. 

South  Carolina  was  jealous  of  the  power  conferred  upon  the 
general  government,  in  relation  to  a  military  force.  She  propos 
ed  that  "  the  troops  to  be  raised  should  be  deemed  the  troops  of 
that  state  by  which  they  are  raised.  The  congress  or  grand 
council  of  the  states  may,  when  they  think  proper,  make  requi 
sition  of  any  state  for  two  thirds  of  the  troops  to  be  raised,  which 
requisition  shall  be  binding  upon  the  said  states  respectively ; 
but  the  remaining  third  shall  not  be  liable  to  be  drawn  out  of  the 
state,  in  which  they  are  raised,  without  the  consent  of  the  execu 
tive  authority  of  the  same.  When  any  forces  are  raised,  they 
shall  be  under  the  command  of  the  executive  authority  of  the 
state  in  which  they  are  so  raised,  unless  they  be  joined  by  troops 
from  any  other  state,  in  which  case  the  congress  or  grand  council 
of  the  states  may  appoint  a  general  officer  to  take  the  command 
of  the  whole  ;  and  until  the  same  can  be  done,  the  command 
shall  be  in  the  senior  officer  present,  who  shall  be  amenable 
for  his  conduct  to  the  executive  authority  of  the  state  in  which 
the  troops  are,  and  shall  be  liable  to  be  suspended  thereby.  The 
expenses  of  the  troops  so  to  be  raised  shall  be  defrayed  by  the 
state  to  which  they  belong ;  but  when  called  into  service  by  the 
United  States,  they  shall  be  fed  and  paid  at  the  expense  of  the 
United  States.'1 

South  Carolina  also  suggested,  that  the  lands  and  improve 
ments  thereon,  should  be  valued  by  persons  to  be  appointed  by  the 
legislatures  of  the  respective  states,  at  least  once  in  ten  years, 


22  POLITICAL  AND  CIVIL  HISTORY 

and  oftener,  if  required  by  congress  ;  and  that  future  alterations? 
in  the  articles  might  be  made,  if  agreed  to  by  eleven  states  in 
congress,  and  afterwards  confirmed  by  the  legislatures  of  eleven 
states. 

Georgia  was  desirous  that  the  colonies  of  East  and  West  Flor 
ida,  as  well  as  Canada,  should  have  the  privilege  of  acceding  to 
the  confederacy,  and  proposed  an  amendment  to  that  effect.  The 
delegates  from  New  Jersey,  presented  a  representation  on  the 
subject  of  the  union,  from  the  legislature  of  that  state,  addressed 
tp  congress.  This  representation  contained  more  just  and  en 
lightened  views  in  relation  to  a  federal  compact,  particularly  as 
to  the  powers  of  congress,  in  regard  to  the  trade  of  the  United 
States,  than  generally  prevailed  at  that  period. 

.One  of  the  objections  made  by  this  state  was,  that  the  gen 
eral  government  was  not  vested  with  the  sole  and  exclusive  pow 
er  of  regulating  commerce  with  foreign  nations. 

The  remarks  in  this  representation,  concerning  several  of  the 
articles,  contain  much  sound  political  wisdom,  and  cannot  fail 
to  gratify  the  reader. 

"  1.  In  the  fifth  article,"  they  say,  "  where,  among  other  things, 
the  qualifications  of  the  delegates  from  the  several  states  are  de 
scribed,  there  is  no  mention  of  any  oath,  test,  or  declaration,  to  be 
taken  or  made  by  them  previous  to  their  admission  to  seats  in 
congress.  It  is  indeed  to  be  presumed  the  respective  states  will 
be  careful  that  the  delegates  they  send  to  assist  in  managing  the 
the  general  interest  of  the  union,  take  the  oaths  to  the  govern 
ment  from  which  they  derive  their  authority,  but  as  the  United 
States,  collectively  considered,  have  interests,  as  well  as  each  par 
ticular  state,  we  are  of  opinion  that  some  test  or  obligation  bind 
ing  upon  each  delegate  while  he  continues  in  the  trust,  to  consult 
and  pursue  the  former  as  well  as  the  latter,  and  particularly  to 
assent  to  no  vote  or  proceeding  which  may  violate  the  general 
confederation,  is  necessary.  The  laws  and  usages  of  all  civilized 
nations  evince  the  propriety  of  an  oath  on  such  occasions  ;  and 
the  more  solemn  and  important  the  deposit,  the  more  strong  and 
explicit  ought  the  obligation  to  be. 


OF  THE  UNITED  STATES.  23 

"  2.  By  the  sixth  and  ninth  articles,  the  regulation  of  trade 
seems  to  be  committed  to  the  several  states  within  their  separate 
jurisdictions,  in  such  a  degree  as  may  involve  many  difficulties 
and  embarrassments,  and  be  attended  with  injustice  to  some 
states  in  the  union.  We  are  of  opinion  that  the  sole  and  exclu 
sive  power  of  regulating  the  trade  of  the  United  States  with  for 
eign  nations  ought  to  be  clearly  vested  in  the  congress  ;  and  that 
the  revenue  arising  from  all  duties  and  customs  imposed  thereon, 
ought  to  be  appropriated  to  the  building,  equipping,  and  manning 
a  navy  for  the  protection  of  the  trade  and  defense  of  the  coasts, 
and  to  such  other  public  and  general  purposes  as  to  the  congress 
shall  seem  proper,  and  for  the  common  benefit  of  the  states. 
This  principle  appears  to  us  to  be  just ;  and  it  may  be  added, 
that  a  great  security  will  by  this  means  be  derived  to  the  union 
from  the  establishment  of  a  common  and  mutual  interest. 

"  3.  It  is  wisely  provided  in  the  sixth  article,  that  no  body  of 
forces  shall  be  kept  up  by  any  state  in  time  of  peace,  except  such 
number  only  as,  in  the  judgment  of  the  United  States  in  congress 
assembled,  shall  be  deemed  requisite  to  garrison  the  forts  neces 
sary  for  the  defense  of  such  state.  We  think  it  ought  also  to  be 
provided  and  clearly  expressed,  that  no  body  of  troops  be  kept 
up  by  the  United  States  in  time  of  peace,  except  such  number 
only  as  shall  be  allowed  by  the  assent  of  nine  states.  A  standing 
army,  a  military  establishment,  and  every  appendage  thereof,  in 
time  of  peace,  is  totally  abhorrent  from  the  ideas  and  principles 
of  this  state.  In  the  memorable  act  of  congress  declaring  the 
united  colonies  free  and  independent  states,  it  is  emphatically 
mentioned,  as  one  of  the  causes  of  separation  from  Great  Brit 
ain,  that  the  sovereign  thereof  had  kept  up  among  us,  in  time  of 
peace,  standing  armies  without  the  consent  of  the  legislatures.  It 
is  to  be  wished  the  liberties  and  happiness  of  the  people  may  by 
the  confederation  be  carefully  and  explicitly  guarded  in  this  re 
spect. 

"  4.  On  the  eighth  article  we  observe,  that  as  frequent  settle 
ments  of  the  quotas  for  supplies  and  aids  to  be  furnished  by  the 
several  states  in  support  of  the  general  treasury,  will  be  requisite, 


24  POLITICAL  AND  CIVIL  HISTORY 

so  they  ought  to  be  secured.  It  cannot  be  thought  improper,  or 
unnecessary,  to  have  them  struck  once  at  least  in  every  five  years, 
or  oftener  if  circumstances  will  allow.  The  quantity  or  value  of 
real  property  in  some  states  may  increase  much  more  rapidly 
than  in  others  ;  and  therefore  the  quota  which  is  at  one  time  just, 
will  at  another  be  disproportionate. 

"  5.  The  boundaries  and  limits  of  each  state  ought  to  be  fully 
and  finally  fixed  and  made  known.  This  we  apprehend  would 
be  attended  with  very  salutary  effects,  by  preventing  jealousies, 
as  well  as  controversies,  and  promoting  harmony  and  confidence 
among  the  states.  If  the  circumstances  of  the  times  would  not 
admit  of  this,  previous  to  the  proposal  of  the  confederation  to  the 
several  states,  the  establishment  of  the  principles  upon  which, 
and  the  rule  and  mode  by  which  the  determination  might  be  con 
ducted,  at  a  time  more  convenient  and  favorable  for  despatching 
the  same  at  an  early  period,  not  exceeding  five  years  from  the 
final  ratification  of  the  confederation,  would  be  satisfactory. 

"  6.  The  ninth  article  provides,  that  no  state  shall  be  deprived 
of  territory  for  the  benefit  of  the  United  States.  Whether  we 
are  to  understand  that  by  territory  is  intended  any  land,  the  prop 
erty  of  which  was  heretofore  vested  in  the  crown  of  Great  Brit 
ain,  or  that  no  mention  of  such  land  is  made  in  the  confederation, 
we  are  constrained  to  observe,  that  the  present  war,  as  we  al 
ways  apprehended,  was  undertaken  for  the  general  defense  and 
interest  of  the  confederating  colonies,  now  the  United  States. 
It  was  ever  the  confident  expectation  of  this  state,  that  the  bene 
fits  derived  from  a  successful  contest  were  to  be  general  and  pro 
portionate  ;  and  that  the  property  of  the  common  enemy,  falling 
in  consequence  of  a  prosperous  issue  of  the  war,  would  belong  to 
the  United  States,  and  be  appropriated  to  their  use.  We  are 
therefore  greatly  disappointed  in  finding  no  provision  made  in 
the  confederation  for  empowering  the  congress  to  dispose  of  such 
property,  but  especially  the  vacant  and  impatented  lands,  com 
monly  called  the  crown  lands,  for  defraying  the  expenses  of  the 
war,  and  for  such  other  public  and  general  purposes.  The  juris 
diction  ought  in  every  instance  to  belong  to  the  respective  states 


OF  THE  UNITED  STATES.  25 

within  the  charter  or  determined  limits  of  which  such  lands  may 
be  seated ;  but  reason  and  justice  must  decide,  that  the  property 
which  existed  in  the  crown  of  Great  Britain,  previous  to  the  pre 
sent  revolution,  ought  now  to  belong  to  the  congress,  in  trust  for 
the  use  and  benefit  of  the  United  States.  They  have  fought  and 
bled  for  it  in  proportion  to  their  respective  abilities ;  and  there 
fore  the  reward  ought  not  to  be  predilectionally  distributed.  Shall 
such  states  as  are  shut  out  by  situation  from  availing  themselves 
of  the  least  advantage  from  this  quarter,  be  left  to  sink  under  an 
enormous  debt,  whilst  others  are  enabled,  in  a  short  period,  to 
replace  all  their  expenditures  from  the  hard  earnings  of  the  whole 
confederacy  ? 

"  7.  The  ninth  article  also  provides  that  requisitions  for  the 
land  forces  to  be  furnished  by  the-several  states  shall  be  propor 
tioned  to  the  number  of  white  inhabitants  in  each.     In  the  act  of 
independence  we   find  the   following   declaration :    '  We  hold 
these  truths  to  be  self-evident,  that  all  men  are  created  equal ; 
that  they  are  endued  by  their  creator  with  certain  unalienable 
rights,  among  which  are  life,  liberty,  and  the  pursuit  of  happiness.' 
Of  this  doctrine,  it  is  not  a  very  remote  consequence,  that  all 
the  inhabitants  of  every  society,  be  the  color  of  their  complexion 
what  it  may,  are  bound  to  promote  the  interest  thereof,  accord 
ing  to  their  respective  abilities.     They  ought  therefore  to  be 
brought  into  the  account  on  this  occasion.     But  admitting  neces 
sity  or  expediency  to  justify  the  refusal  of  liberty  in  certain  cir 
cumstances  to  persons  of  a  peculiar  color,  we  think  it  unequal  to 
reckon  upon  such  in  this  case.     Should  it  be  improper,  for  spe 
cial  local  reasons,  to  admit  them  in  arms  for  the  defense  of  the 
nation  ;  yet  we  conceive  the  proportion  of  forces  to  be  embodied 
ought  to  be  fixed  according  to  the  whole  number  of  inhabitants 
in  the  state,  from  whatever  class  they  may  be  raised.     If  the 
whole  number  of  inhabitants  in  a  state,  whose  inhabitants  are  all 
whites,  both  those  who  are  called  into  the  field, 'and  those  who 
remain  to  till  the  ground  and  labor  in  the  mechanical  arts  and 
otherwise,  are  reckoned  in  the  estimate  for  striking  the  propor 
tion  of  forces  to  be  furnished  by  that  state,  ought  even  a  part  of 
VOL.  II.  4 


26  POLITICAL  AND  CIVIL  HISTORY 

the  latter  description  to  be  left  out  in  another  ?  As  it  is  of  indis 
pensable  necessity  in  every  war,  that  a  part  of  the  inhabitants  be 
employed  for  the  uses  of  husbandry  and  otherwise  at  home,  while 
others  are  called  into  the  field,  there  must  be  the  same  propriety 
that  the  owners  of  a  different  color  who  are  employed  for  this 
purpose  in  one  state,  while  whites  are  employed  for  the  same 
purpose  in  another,  be  reckoned  in  the  account  of  the  inhabit 
ants  in  the  present  instance. 

"  8.  In  order  that  the  quota  of  troops  to  be  furnished  in  each 
state  on  occasion  of  a  war  may  be  equitably  ascertained,  we  are 
of  opinion  that  the  inhabitants  of  the  several  states  ought  to  be 
numbered  as  frequently  as  the  nature  of  the  case  will  admit,  once 
at  least  every  five  years.  The  disproportioned  increase  in  the 
population  of  different  states  may  render  such  provision  abso 
lutely  necessary. 

"  9.  It  is  provided  in  the  ninth  article,  that  the  assent  of  nine 
states  out  qf  the  thirteen  shall  be  necessary  to  determine  in  sun 
dry  cases  of  the  highest  concern.  If  this  proportion  be  proper 
and  just,  it  ought  to  be  kept  up,  should  the  states  increase  in 
number,  and  a  declaration  thereof  be  made  for  the  satisfaction 
of  the  union. 

"  That  we  think  it  our  indispensable  duty  to  solicit  the  atten 
tion  of  congress  to  these  considerations  and  remarks,  and  to  re 
quest  that  the  purport  and  meaning  of  them  be  adopted  as  part 
of  the  general  confederation ;  by  which  means  we  apprehend 
the  mutual  interests  of  all  the  states  will  be  better  secured  and 
promoted,  and  that  the  legislature  of  this  state  will  then  be  justi 
fied  in  ratifying  the  same." 

The  question  being  taken  in  congress,  whether  the  purport 
and  meaning  of  the  several  amendments  proposed  by  New  Jer 
sey  should  be  admitted  as  part  of  the  confederation,  it  was  decid 
ed  in  the  negative  ;  three  states  in  the  affirmative,  six  in  the  neg 
ative,  and  one  divided.  The  amendments  of  the  other  states 
were,  also,  negatived. 

In  Julv,  1778,  a  form  of  ratification  was  adopted,  and  the  arti 
cles  were  soon  after  signed  by  the  delegates  from  all  the  states, 


OF  THE  UNITED  STATES.  27 

except  New  Jersey,  Delaware  and  Maryland.  A  letter  was  im 
mediately  sent  to  these  states,  urging  their  immediate  attention 
to  the  subject. 

Sensible  of  the  importance  of  completing  the  union,  the  legis 
lature  of  New  Jersey,  in  November  1778,  authorized  the  dele 
gates  of  that  state  to  ratify  the  federal  compact. 

The  same  legislature  declared  that  the  articles  were  still  con 
sidered  "  in  divers  respects  unequal  and  disadvantageous  to  that 
state,  and  that  the  objections  to  such  of  them  lately  stated  and 
sent  to  the  general  congress,  on  the  part  of  that  state,  were  still 
viewed  as  just  and  reasonable,  and  sundry  of  them  as  of  the 
most  essential  moment  to  the  welfare  and  happiness  of  the  people 
thereof;  yet,  under  the  full  conviction  of  the  present  necessity  of 
acceding  to  the  confederacy  proposed,  and  that  separate  and  de 
tached  state  interests  ought  to  be  postponed  to  the  general  good 
of  the  union  ;  and  moreover,  in  firm  reliance  that  the  candor  and 
justice  of  the  several  states,  would,  in  due  time,  remove  as  far  as 
possible,  the  inequality  which  now  subsists." 

On  the  part  of  New  Jersey,  therefore,  the  articles  were  signed 
on  the  25th  of  November,  1778.  On  the  first  of  February  1779, 
Delaware  followed  the  patriotic  example  of  New  Jersey.  Her 
act  of  accession  was  accompanied  with  the  following  resolutions. 

"  Resolved,  That  this  state  think  it  necessary  for  the  peace  and 
safety  of  the  state  to  be  included  in  the  union  ;  that  a  moderate 
extent  of  limits  should  be  assigned  for  such  of  those  states  as 
claim  to  the  Mississippi  or  South  sea  ;  and  that  the  United  States 
in  congress  assembled,  should  and  ought  to  have  power  of  fixing 
their  western  limits. 

"  Resolved  also,  That  this  state  consider  themselves  justly  en 
titled  to  a  right  in  common  with  the  members  of  the  union,  to 
that  extensive  tract  of  country  which  lies  to  the  westward  of  the 
frontiers  of  the  United  States,  the  property  of  which  was  not  vest 
ed  in,  or  granted  to,  individuals  at  the  commencement  of  the 
present  war :  that  the  same  hath  been  or  may  be  gained  from 
the  king  of  Great  Britain,  or  the  native  Indians,  by  the  blood  and 


28  POLITICAL  AND  CIVIL  HISTORY 

treasure  of  all,  and  ought  therefore  to  be  a  common  estate,  to  be 
granted  out  on  terms  beneficial  to  the  United  States. 

"  Resolved  also,  That  the  courts  of  law  established  within  this 
state,  are  competent  for  the  purpose  of  determining  all  contro 
versies  concerning  the  private  right  of  soil  claimed  within  the 
same  ;  and  they  now,  and  at  all  times  hereafter,  ought  to  have 
cognizance  of  all  such  controversies  ;  that  the  indeterminate  pro 
vision  proposed  in  the  ninth  article  of  the  confederation  for  de 
ciding  upon  controversies  that  may  arise  about  some  of  those 
private  rights  of  soil,  tends  to  take  away  such  cognizance,  and  is 
contrary  to  the  declaration  of  the  rights  of  this  state ;  and  there 
fore  ought  to  receive  an  alteration." 

These  resolutions  were  permitted  to  be  filed  among  the  papers 
of  congress,  but  with  an  express  condition,  "  that  they  were  not 
to  be  considered  as  admitting  any  claim  thereby  set  up,  or  intend 
ed  to  be  set  up." 

On  the  22d  of  February,  1779,  the  articles  were  ratified  on  the 
part  of  Delaware. 

The  assent  of  Maryland,  was  now  only  wanting,  to  complete 
the  union.  She,  however,  still  persisted  in  her  refusal,  without  an 
amendment,  securing  the  western  lands,  for  the  benefit  of  all  the 
states.  In  December  1778,  the  delegates  from  that  state  receiv 
ed  special  instructions  on  the  subject.  These  were  drawn  with 
much  ability,  and  evinced  a  determination  to  withhold  the  assent 
of  that  state  to  the  confederacy,  without  the  security  required  ; 
and  as  they  contain  the  reasons  for  this  determination,  after  the 
other  states  had  acceded  to  this  great  national  compact,  we  here 
insert  them. 

"  Having  conferred  upon  you,"  they  say  to  their  delegates,  "  a 
trust  of  the  highest  nature,  it  is  evident  we  place  great  confidence 
in  your  integrity,  abilities,  and  zeal  to  promote  the  general  wel 
fare  of  the  United  States,  and  the  particular  interest  of  this  state, 
where  the  latter  is  not  incompatible  with  the  former  ;  but  to  add 
greater  weight  to  your  proceedings  in  congress,  and  take  away 
all  suspicion  that  the  opinions  you  there  deliver,  and  the  votes 
you  give  may  be  the  mere  opinions  of  individuals,  and  not  result- 


OF  THE  UNITED  STATES.  29 

ing  from  your  knowledge  of  the  sense  and  deliberate  judgment 
of  the  state  you  represent,  we  think  it  our  duty  to  instruct  as  fol- 
loweth  on  the  subject  of  the  confederation,  a  subject  in  which,  un 
fortunately,  a  supposed  difference  of  interest  has  produced  an  al 
most  equal  division  of  sentiments  among  the  several  states  com 
posing  the  union.  We  say  a  supposed  difference  of  interests  ;  for 
if  local  attachments  and  prejudices,  and  the  avarice  and  ambi 
tion  of  individuals,  would  give  way  to  the  dictates  of  a  sound  po 
licy,  founded  on  the  principles  of  justice,  (and  no  other  policy  but 
what  is  founded  on  those  immutable  principles  deserves  to  be 
called  sound,)  we  flatter  ourselves,  this  apparent  diversity  of  in 
terests  would  soon  vanish,  and  all  the  states  would  confederate 
on  terms  mutually  advantageous  to  all ;  for  they  would  then  per 
ceive  that  no  other  confederation  than  one  so  formed  can  be  last 
ing.  Although  the  pressure  of  immediate  calamities,  the  dread 
of  their  continuance  from  the  appearance  of  disunion,  and  some 
other  peculiar  circumstances,  may  have  induced  some  states  to  ac 
cede  to  the  present  confederation,  contrary  to  their  own  interests 
and  judgments,  it  requires  no  great  share  of  foresight  to  predict, 
that  when  those  causes  cease  to  operate,  the  states  which  have 
thus  acceded  to  the  confederation  will  consider  it  as  no  longer 
binding,  and  will  eagerly  embrace  the  first  occasion  of  asserting 
their  just  rights,  and  securing  their  independence.  Is  it  possible 
that  those  states  who  are  ambitiously  grasping  at  territories,  to 
which  in  our  judgment  they  have  not  the  least  shadow  of  exclu 
sive  right,  will  use  with  greater  moderation  the  increase  of  wealth 
and  power  derived  from  those  territories,  when  acquired,  than 
what  they  have  displayed  in  their  endeavors  to  acquire  them  ? 
We  think  not.  We  are  convinced  the  same  spirit  which  hath 
prompted  ftiem  to  insist  on  a  claim  so  extravagant,  so  repugnant 
to  every  principle  of  justice,  so  incompatible  with  the  general  wel 
fare  of  all  the  states,  will  urge  them  on  to  add  oppression  to  in 
justice.  If  they  should  not  be  incited  by  a  superiority  of  wealth 
and  strength  to  oppress  by  open  force  their  less  wealthy  and  less 
powerful  neighbors  ;  yet  depopulation  and  consequently  the  im 
poverishment  of  those  states  will  necessarily  follow,  which,  by  an 


30  POLITICAL  AND  CIVIL  HISTORY 

unfair  construction  of  the  confederation,  may  be  stripped  of  a 
common  interest,  and  the  common  benefits  desirable  from  the 
western  country.  Suppose,  for  instance,  Virginia  indisputably 
possessed  of  the  extensive  and  fertile  country  to  which  she  has 
set  up  a  claim,  what  would  be  the  probable  consequences  to  Ma 
ryland  of  such  an  undisturbed  and  undisputed  possession  ?  They 
cannot  escape  the  least  discerning. 

"  Virginia,  by  selling  on  the  most  moderate  terms  a  small  pro 
portion  of  the  lands  in  question,  would  draw  into  her  treasury 
vast  sums  of  money ;  and  in  proportion  to  the  sums  arising  from 
such  sales,  would  be  enabled  to  lessen  her  taxes.  Lands  com 
paratively  cheap,  and  taxes  comparatively  low,  with  the  lands 
and  taxes  of  an  adjacent  state,  would  quickly  drain  the  state  thus 
disadvantageously  circumstanced  of  its  most  useful  inhabitants  ; 
its  wealth  and  its  consequence  in  the  scale  of  the  confederated 
states  would  sink  of  course.  A  claim  so  injurious  to  more  than 
one  half,  if  not  to  the  whole  of  the  United  States,  ought  to  be 
supported  by  the  clearest  evidence  of  the  right.  Yet  what  evi 
dences  of  that  right  have  been  produced  ?  What  arguments  al 
leged  in  support  either  of  the  evidence  or  the  right  ?  None  that 
we  have  heard  of  deserving  a  serious  refutation. 

"  It  has  been  said,  that  some  of  the  delegates  of  a  neighboring 
state  have  declared  their  opinion  of  the  impracticability  of  gov 
erning  the  extensive  dominion  claimed  by  that  state.  Hence 
also  the  necessity  was  admitted  of  dividing  its  territory,  and  erect 
ing  a  new  state  under  the  auspices  and  direction  of  the  elder, 
from  whom  no  doubt  it  would  receive  its  form  of  government,  to 
whom  it  would  be  bound  by  some  alliance  or  confederacy,  and 
by  whose  councils  it  would  be  influenced.  Such  a  measure,  if 
ever  attempted,  would  certainly  be  opposed  by  the  othftr  states  as 
inconsistent  with  the  letter  and  spirit  of  the  proposed  confedera 
tion.  Should  it  take  place  by  establishing  a  sub-confederacy, 
imperium  in  imperio,  the  state  possessed  of  this  extensive  domin 
ion  must  then  either  submit  to  all  the  inconveniences  of  an  over 
grown  and  unwieldly  government,  or  suffer  the  authority  of  con 
gress  to  interpose  at  a  future  time,  and  to  lop  off  a  part  of  its  ter- 


OF  THE  UNITED  STATES.  31 

ritory  to  be  erected  into  a  new  and  free  state,  and  admitted  into 
a  confederation  on  such  conditions  as  shall  be  settled  by  nine 
states.  If  it  is  necessary  for  the  happiness  and  tranquility  of  a 
state  thus  overgrown,  that  congress  should  hereafter  interfere  and 
divide  its  territory,  why  is  the  claim  to  that  territory  now  made, 
and  so  pertinaciously  insisted  on  ?  We  can  suggest  to  ourselves 
but  two  motives  ;  either  the  declaration  of  relinquishing  at  some 
future  period  a  proportion  of  the  country  now  contended  for,  was 
made  to  lull  suspicion  asleep,  and  to  cover  the  designs  of  a  se 
cret  ambition,  or,  if  the  thought  was  seriously  entertained,  the 
lands  are  now  claimed  to  reap  an  immediate  profit  from  the  sale. 
We  are  convinced,  policy  and  justice  require,  that  a  country  un 
settled  at  the  commencement  of  this  war,  claimed  by  the  British 
crown  ;  and  ceded  to  it  by  the  treaty  of  Paris,  if  wrested  from 
the  common  enemy  by  the  blood  and  treasure  of  the  thirteen 
states,  should  be  considered  as  a  common  property,  subject  to  be 
parcelled  out  by  congress  into  free,  convenient  and  independent 
governments,  in  such  manner  and  at  such  times  as  the  wisdom  of 
that  assembly  shall  hereafter  direct. 

"  Thus  convinced,  we  should  betray  the  trust  reposed  in  us  by 
our  constituents,  were  we  to  authorize  you  to  ratify  on  their  behalf 
the  confederation,  unless  it  be  farther  explained.  We  have  cool 
ly  and  dispassionately  considered  the  subject ;  we  have  weighed 
probable  inconveniences  and  hardships  against  the  sacrifice  of 
just  and  essential  rights ;  and  do  instruct  you  not  to  agree  to  the 
confederation,  unless  an  article  or  articles  be  added  thereto  in 
conformity  with  our  declaration.  Should  we  succeed  in  obtaining 
such  article  or  articles,  then  you  are  hereby  fully  empowered  to 
accede  to  the  confederation. 

"That  these  our  sentiments  respecting  our  confederation  may  be 
more  publicly  known,  and  more  explicitly  and  concisely  declar 
ed,  we  have  drawn  up  the  annexed  declaration,  which  we  instruct 
you  to  lay  before  congress,  to  have  it  printed,  and  to  deliver  to 
each  of  the  delegates  of  the  other  states  in  congress  assembled, 
copies  thereof  signed  by  yourselves,  or  by  such  of  you  as  may  be 
present  at  the  time  of  delivery;  to  the  intent  and  purpose  that 


32  POLITICAL  AND  CIVIL  HISTORY 

the  copies  aforesaid  may  be  communicated  to  our  brethren  of  the 
United  States,  and  the  contents  of  the  said  declaration  taken  into 
their  serious  and  candid  consideration. 

"Also  we  desire  and  instruct  you  to  move,  at  a  proper  time,  that 
these  instructions  be  read  to  congress  by  their  secretary,  and  en 
tered  on  the  journals  of  congress. 

"We  have  spoken  with  freedom,  as  become  free  men  ;  and  we 
sincerely  wish  that  these  our  representations  may  make  such  an 
impression  on  that  assembly  as  to  induce  them  to  make  such  ad 
dition  to  the  articles  of  confederation  as  may  bring  about  a  per 
manent  union." 

Maryland  was  particularly  opposed  to  the  extensive  territorial 
claim  of  Virginia  ;  and  the  declarations  of  the  former  on  this  sub 
ject,  drew  from  the  latter,  a  strong  remonstrance  and  vindication 
of  her  claim. 

The  legislature  of  Virginia,  in  December  1778,  empower 
ed  their  delegates  in  congress,  to  ratify  the  plan  of  union,  with 
such  other  states,  as  would  unite  with  them  ;  and  declared  that 
the  same  should  be  binding,  without  the  assent  of  Maryland  and 
Delaware,  allowing  these  states,  however,  either  a  given  or  an  in 
definite  time,  to  join  the  confederacy.  The  state  of  Connecticut, 
also,  in  April  1779,  authorized  their  delegates,  to  complete  the 
confederacy  exclusive  of  Maryland. 

In  May  1779,  the  delegates  from  Virginia,  in  pursuance  of  their 
instructions,  presented  to  congress  a  paper  signed  by  them,  de 
claring  they  were  ready  "  to  ratify  the  confederation  with  one  or 
more  states  named  therein,  so  that  the  same  shall  be  forever  bind 
ing  upon  the  state  of  Virginia."  The  other  states,  however, 
were  unwilling  to  consent  to  a  partial  union,  and  some  of  them, 
though  they  had  joined  the  confederacy,  were  still  dissatisfied,  on 
the  subject  of  the  western  lands. 

The  states  who  claimed  these  lands,  under  special  grants 
from  the  crown,  considered  their  titles  valid  ;  and  as  between 
them  and  the  crown,  there  could  perhaps  be  little  doubt  of  their 
validity.  Yet  policy,  and  even  justice  seemed  to  demand,  that,  in 
case  these  extensive  tracts  of  wild  lands,  promising  to  be  of  im- 


OF  THE  UNITED  STATES.  33 

mense  value  in  future,  should  be  finally  secured  by  the  joint  ex 
ertions  of  all,  should  enure  to  the  benefit  of  all.  A  majority  of 
the  states,  however,  had  claims  to  these  lands,  which  they  deem 
ed  valid;  and  no  mode  of  settling  this  interesting  question,  and 
of  completing  the  union,  seemed  to  present,  but  a  compromise 
among  the  states  themselves. 

New  York  led  the  way,  in  effecting  this  compromise.  In  Feb 
ruary  1780,  the  legislature  of  that  state  passed  an  act,  "  to  facili 
tate  the  completion  of  the  articles  of  confederation  and  perpetu 
al  union  among  the  United  States  of  America  ;"  with  a  pream 
ble  declaring  that,  "  whereas  nothing  under  divine  Providence 
can  more  effectually  contribute  to  the  tranquility  and  safety  of  the 
United  States  of  America  than  a  federal  alliance,  on  such  liberal 
principles  as  will  give  satisfaction  to  its  respective  members  :  and 
whereas  the  articles  of  confederation  and  perpetual  union  recom 
mended  by  the  honorable  the  congress  of  the  United  States  of 
America  have  not  proved  acceptable  to  all  the  states,  it  having 
been  conceived  that  a  portion  of  the  waste  and  uncultivated  ter 
ritory,  within  the  limits  or  claims  of  certain  states,  ought  to  be  ap 
propriated  as  a  common  fund  for  the  expenses  of  the  wajr :  and 
the  people  of  the  state  of  New  York,  being  on  all  occasions  dis 
posed  to  manifest  their  regard  for  their  sister  states,  and  their  ear 
nest  desire  to  promote  the  general  interest  and  security ;  and 
more  especially  to  accelerate  the  federal  alliance,  by  removing, 
so  far  as  it  depends  upon  them,  the  before  mentioned  impediment 
to  its  final  conclusion."  By  this  act  the  delegates  of  the  people 
of  New  York  in  congress,  were  empowered,  "  to  limit  and  restrict 
the  western  boundaries  of  that  state,  by  such  line  or  lines,  and  in 
such  manner  and  form,  as  they  shall  judge  to  be  expedient,  either 
with  respect  to  the  jurisdiction  as  well  as  the  pre-emption  of  soil, 
or  reserving  the  jurisdiction  in  part,  or  in  the  whole,  over  the 
lands  which  may  be  ceded  or  relinquished,  with  respect  only  to 
the  right  or  pre-emption  of  the  soil."  This  act,  also,  declared, 
that  the  territory  thus  ceded,  "  should  be  and  enure  for  the  use 
and  benefit  of  such  of  the  United  States,  as  should  become  mem 
bers  of  the  federal  alliance  of  the  said  states,  and  for  no  other  use 
or  purpose  whatever." 

VOL.  II.  5 


3d  POLITICAL  AND  CIVIL  HISTORY 

This  act,  together  with  the  instructions  of  Maryland  respecting 
the  articles  of  confederation,  and  the  remonstrance  of  Virginia 
abovemeritioned,  all  of  which  had  been  laid  before  congress,  were 
referred  to  a  committee  of  that  body,  and  on  the  6th  of  Septem 
ber,  1780,  this  committee  reported  and  declared,  that  "they 
conceived  it  unnecessary  to  examine  into  the  merits  or  policy  of 
the  instructions  or  declaration  of  the  general  assembly  of  Mary 
land,  or  of  the  remonstrance  of  the  general  assembly  of  Virginia, 
as  they  involved  questions,  a  discussion  of  which  was  declined, 
when  the  articles  of  confederation  were  debated  ;  nor  in  the  opin 
ion  of  the  committee,  can  such  questions  be  now  revived  with 
any  prospect  of  conciliation  :  that  it  appears  more  advisable  to 
press  upon  the  states  which  can  remove  the  embarrassments  re 
specting  the  western  country,  a  liberal  surrender  of  a  portion  of 
their  territorial  claims,  since  they  cannot  be  preserved  entire  with 
out  endangering  the  stability  of  the  general  confederacy  ;  to  re 
mind  them  how  indispensably  necessary  it  is  to  establish  the  fed 
eral  union  on  a  fixed  and  permanent  basis,  and  on  principles  ac 
ceptable  to  all  its  respective  members  ;  how  essential  to  public 
credit  and  confidence,  to  the  support  of  our  army,  to  the  vigor  of 
our  councils,  and  success  of  our  measures,  to  our  tranquility  at 
home,  our  reputation  abroad,  to  our  very  existence  as  a  free,  sov 
ereign,  and  independent  people  ;  that  we  are  fully  persuaded  the 
wisdom  of  the  respective  legislatures  will  lead  them  to  a  full  and 
impartial  consideration  of  a  subject  so  interesting  to  the  United 
States,  and  so  necessary  to  the  happy  establishment  of  the  fed 
eral  union  ;  that  they  are  confirmed  in  these  expectations  by  a 
view  of  the  beforementioned  act  of  the  legislature  of  New  York, 
submitted  to  their  consideration  ;  that  this  act  is  expressly  calcu 
lated  to  accelerate  the  federal  alliance  by  removing  as  far  as  de 
pends  on  that  state,  the  impediments  arising  from  the  western 
country,  and  for  that  purpose  to  yield  up  a  portion  of  territorial 
claim  for  the  general  benefit."  The  committee,  therefore,  re 
ported  a  resolution,  which  was  adopted  by  congress,  earnestly 
recommending  to  the  several  states,  having  claims  to  the  western 
country,  to  pass  such  laws,  and  give  their  delegates  such  powers. 


OF  THE  UNITED  STATES.  35 

as  should  effectually  remove  the  only  obstacle  to  a  final  ratification 
of  the  articles  of  confederation  ;  and  that  Maryland  be  requested 
to  accede  to  the  union.* 

To  induce  the  states  to  make  liberal  cessions,  congress,  on  the 
10th  of  October  following,  declared,  that  the  territory  which 
might  be  thus  ceded,  should  be  disposed  of  for  the  common 
benefit  of  the  union  and  formed  into  republican  states,  with 
the  same  rights  of  sovereignty,  freedom  and  independence  as 
the  other  states ;  to  be  of  a  suitable  extent  of  territory,  not  less 
than  one  hundred,  and  no  more  than  one  hundred  and  fifty  miles 
square ;  and  that  the  expense  incurred  by  any  state,  since  the 
commencement  of  the  war,  in  subduing  any  British  posts,  or  in 
maintaining  and  acquiring  the  territory,  should  be  reimbursed. 
In  compliance  with  this  recommendation,  the  state  of  Virginia, 
on  the  second  of  January,  1781,  ceded  for  the  benefit  of  the  Uni 
ted  States,  all  her  claim  to  lands  north  west  of  the  Ohio. 

Maryland,  though  she  had  refused  formally  to  join  the  con 
federacy,  had  never  relaxed  in  her  exertions  against  the  common 
enemy,  but  had  cordially  united  with  the  other  states,  in  support 
ing  the  war.  Yielding,  however,  at  last,  to  the  earnest  entreaties 
of  congress,  she  authorized  her  delegates,  in  a  formal  manner  to 
ratify  the  federal  compact.  This,  however,  was  not  done,  with 
out  declaring  in  the  preamble  of  the  act  giving  this  authori 
ty,  that  "  Whereas  it  hath  been  said  that  the  common  enemy 
is  encouraged,  by  this  state  not  acceding  to  the  confederation, 
to  hope  that  the  union  of  the  sister  states  may  be  dissolved,  and 
therefore  prosecute  the  war  in  expectation  of  an  event  so  dis 
graceful  to  America :  And  our  friends  and  illustrious  ally  are  im 
pressed  with  an  idea,  that  the  common  cause  would  be  promoted 
by  our  formally  acceding  to  the  confederation ;  this  general  as 
sembly,  conscious  that  this  state  hath  from  the  commencement 
of  the  war  strenuously  exerted  herself  in  the  common  cause,  and 
fully  satisfied  that  if  no  formal  confederation  was  to  take  place, 
it  is  the  fixed  determination  of  this  state  to  continue  her  exertions 
to  the  utmost,  agreeable  to  the  faith  pledged  in  the  union,  from 
*  Secret  Journals  of  Congress,  vol.  1,  pp.  443,  444. 


36  POLITICAL  AND  CIVIL  HISTORY,  &c. 

an  earnest  desire  to  conciliate  the  affection  of  the  sister  states, 
to  convince  the  world  of  our  unalterable  resolution  to  support 
the  independence  of  the  United  States,  and  the  alliance  with  his 
most  Christian  majesty  ;  and  to  destroy  forever  any  apprehensions 
of  our  friends,  or  hopes  in  our  enemies,  of  this  state  being  again 
united  to  Great  Britain,"  &c.  And  declaring  at  the  same  time, 
that  by  acceding  to  the  confederation,  she  did  not  relinquish  or 
intend  to  relinquish,  any  right  or  interest  she  had  with  the  other 
confederated  states  to  the  western  territory  ;  but  claimed  the 
same  as  fully  as  was  done  by  the  legislature  of  that  state  ;  relying 
on  the  future  justice  of  the  several  states  relative  to  her  claim. 
On  the  first  of  March,  1781,  the  delegates  of  My v are,  in  be 
half  of  that  state  signed  the  articles,  and  thereby  completed  the 
union. 

This  important  event  was,  on  the  same  day  publicly  announced 
at  the  seat  of  government,  and  immediately  communicated  to  the 
executives  of  the  several  states,  to  the  Amercan  ministers  in  Eu 
rope,  to  the  minister  plenipotentiary  of  France,  and  to  the  com 
mander  in  chief,  to  be  announced  to  the  army  under  his  com 
mand. 


CHAPTER  XII. 

British  Ministry  call  upon  the  people  of  Great  Britain  for  votantary  contributions — 
Parliament  meet  January  20th,  1778 — Ministers  propose  a  plan  of  reconciliation  on 
the  17th  of  February — this  plan  contained  in  three  bills — purport  of  the  bills — sent 
to  America  before  they  had  passed — Governor  Tryon,  to  whom  they  are  entrusted, 
sends  them  to  general  Washington  and  to  the  governors  of  some  of  the  states — Gen 
eral  Washington  transmits  them  to  congress — Are  referred  to  a  committee — Report 
made  against  them — Answer  of  governor  Trumbull  to  the  letter  of  Tryon — Treaties 
with  France  arrive  in  May,  1778— Are  immediately  ratified  and  published— Congress 
prepare  an  address  to  the  people  of  the  United  States — British  commissioners  arrive 
in  America  to  offer  terms  of  reconciliation — Dr.  Franklin  secretly  consulted  as  to 
terms,  before  the  commissioners  left  England — David  Hartley  and  others  go  to 
France  to  sound  him  on  the  subject  of  terms  of  reconciliation — Propose  that  Amer 
ica  should  yield  certain  advantages  in  trade,  on  condition  of  peace — British  com 
missioners  arrive  in  America — Propose  to  congress  certain  conciliatory  propositions 
— Congress  refuse  to  listen  to  any  terms  short  of  independence  and  the  withdraw 
ing  of  the  fleets  and  armies — Reply  of  the  British  commissioners — Governor  Johns 
ton,  one  of  the  commissioners,  sends  letters  to  several  members  of  congress,  and 
through  a  lady  makes  certain  offers  to  Mr.  Reed — Congress  declare  this  an  attempt 
to  bribe  one  of  their  body  and  refuse  all  further  intercourse  with  him — British  com 
missioners  present  an  address  or  manifesto  to  the  people  of  the  states  making  the 
same  offers  they  had  sent  to  congress — The  people  refuse  the  offers — Congress  is 
sue  a  counter  manifesto. 

IT  is  now  time  to  recur  to  the  proceedings  in  Great  Britain  with 
respect  to  America,  in  the  winter  of  1778.  Parliament  again 
met,  on  the  20th  of  January,  the  time  to  which  they  had  adjourn 
ed.  During  the  recess,  the  ministry  were  engaged  in  devising 
means  to  supply  the  loss  of  the  army  under  general  Burgoyne. 
For  this  purpose,  they  appealed  to  the  patriotism  and  loyalty  of 
the  people  in  every  part  of  Great  Britain  ;  nor  did  they  appeal  in 
vain.  Large  subscriptions  in  money  were  obtained  from  individ 
uals,  and  some  of  the  wealthy  cities  furnished  a  regiment  of  men, 
at  their  own  expense. 

The  ministry,  at  the  same  time,  were  preparing  a  plan  of  re 
conciliation  and  concession  to  be  proposed  to  the  people  of  the 
United  States,  agreeably  to  the  declaration  of  lord  North,  at  the 
time  of  adjournment. 


38  POLITICAL  AND  CIVIL  HISTORY 

Waiting,  however,  for  the  result  of  their  appeal  to  the  patriot 
ism  of  individuals,  this  plan  was  not  submitted  to  parliament,  un 
til  the  17th  of  February,  1778,  ten  days  after  the  American  com 
missioners  had  completed  their  treaties  with  France.* 

Three  bills  were  presented  by  the  ministry,  which  soon  became 
laws,  containing  their  plan  of  reconciliation.  The  first  was,  "An 
act  for  removing  all  doubts  and  apprehensions  concerning  taxa 
tion  by  the  parliament  of  Great  Britain,  in  any  of  the  colonies, 
provinces  and  plantations  in  North  America,  and  the  West  In 
dies,"  and  for  repealing  the  act  for  laying  a  duty  on  tea,  im 
ported  into  the  colonies.  The  second  act  restored  the  charter  of 
Massachusetts  ;  and  the  third  authorized  the  king,  "  to  appoint 
commissioners,  with  sufficient  power  to  treat,  consult,  and  agree 
upon  the  means  of  quieting  the  disorders  now  subsisting  in  certain 
of  the  colonies,  plantations  and  provinces  in  North  America." 

It  was  declared  and  enacted,  by  the  first,  that  "  the  king 
and  parliament  of  Great  Britain,  would  not  impose  any  duty,  tax, 
or  assessment  whatever,  payable  in  any  of  his  majesty's  colonies, 
provinces,  and  plantations,  in  North  America,  or  the  West  Indies, 
except  only  such  duties,  as  it  might  be  expedient  to  impose  for 
the  regulation  of  commerce ;  the  net  produce  of  such  duties  to 
be  always  paid  and  applied  to,  and  for  the  use  of  the  colony,  pro 
vince,  or  plantation,  in  which  the  same  should  be  respectively  le 
vied,  in  such  manner,  as  other  duties  collected  by  the  authority  of 
the  respective  general  courts  or  general  assemblies  of  such  colo 
nies,  provinces,  or  plantations,  are  ordinarily  paid  or  applied."  Af 
ter  restoring  the  ancient  charter  of  Massachusetts,  without  which 
the  ministry  well  knew,  no  reconciliation  was  possible  ;  parlia 
ment  authorized  the  commissioners  to  be  appointed  by  the  king, 
"  to  treat,  consult,  and  agree  with  such  body  or  bodies  politic  and 
corporate,  or  with  such  assembly  or  assemblies  of  men,  or  any 
person  or  persons  whatsoever,  of  and  concerning  any  grievances, 
or  complaints  of  grievances  existing  or  supposed  to  exist,  in  the 
government  of  any  of  the  said  colonies,  provinces,  or  plantations 
respectively,  or  in  the  laws  and  statutes  of  this  realm  respecting 
*  David  Hartley's  Letters  to  his  Constituents  in  England,  October,  1778. 


OF  THE  UNITED  STATES.  39 

the  same  ;  and  of  and  concerning  any  aid  or  contribution  to  be 
furnished  by  all,  or  any  of  the  colonies,  provinces,  or  plantations 
respectively,  for  the  common  defense  of  this  realm,  and  the  do 
minions  therewith  belonging  ;  and  of  and  concerning  any  other 
regulations,  provisions,  matters,  and  things,  necessary  or  conven 
ient  for  the  honor  of  his  majesty  and  his  parliament,  and  for  the 
common  good  of  all  his  subjects."  No  agreement,  however, 
made  by  these  commissioners  was  to  be  ultimately  binding,  un 
less  confirmed  by  parliament. 

To  enable  the  commissioners  to  carry  these  general  powers  into 
effect,  the  king  might  authorize  them  to  proclaim  a  cessation  of 
hostilities,  on  the  part  of  his  majesty,  both  by  sea  and  land,  for 
any  time,  and  under  any  conditions  or  restrictions — to  suspend 
the  operation  and  effect  of  the  act  of  parliament,  passed  in  De 
cember,  1775,  prohibiting  all  trade  and  intercourse  with  the  col 
onies,  and  also,  to  suspend  in  any  places  and  for  any  times,  the 
operations  and  effects  of  any  act  or  acts  of  parliament,  or  any 
clause  of  the  same,  passed  since  the  10th  day  of  February,  1763, 
relating  to  any  of  the  colonies.  They,  also,  had  power,  on  cer 
tain  conditions,  to  grant  pardons,  and  in  case  of  a  vacancy  in 
the  office  of  a  governor  in  any  colony,  or  in  his  absence,  to  nom 
inate  a  successor.  This  act  was  to  remain^  in  force,  until  the 
first  of  June,  1779. 

That  the  British  ministry  should  have  paid  so  little  attention  to 
the  movements  of  France, during  the  winter  of  1778,  arid  should 
have  placed  such  confidence  in  assurances  of  a  pacific  disposition, 
on  the  part  of  the  courts  both  of  France  and  Spain,  has  been  a 
subject  of  no  little  surprise.  When  warned  by  their  opponents 
in  parliament,  that  unless  a  reconciliation  with  the  colonists  was 
soon  effected,  France  would  unite  in  supporting  them  ;  they  de 
clared  that  France  and  Spain  would  be  governed  by  their  interest, 
and  that  this  interest  was  manifestly  opposed  to  the  indepen 
dence  of  such  powerful  colonies,  in  the  neighborhood  of  their 
own.  From  this,  or  some  other  cause,  the  ministers  had  paid  so 
little  attention,  to  what  was  passing  at  the  court  of  France,  that 
even  during  the  debates  on  their  conciliatory  bills,  some  of  them. 


40  POLITICAL  AND  CIVIL  HISTORY 

if  their  declarations  are  to  receive  credit,  were  ignorant  of  the 
completion  of  the  treaties  between  France  and  America  ;  though 
Mr.  Fox,  in  the  house  of  commons,  and  the  duke  of  Grafton  in 
the  house  of  lords,  openly  declared  their  knowledge  of  the  fact. 
The  king  and  ministry,  however,  were  soon  officially  informed  of 
this  important  event  by  the  French  minister  in  England,  de  No- 
ailles,  who,  on  the  1 3th  of  March,  presented  the  following  decla 
ration  to  the  court  of  London  : 

"  The  United  States  of  North  America,  who  are  in  full  posses 
sion  of  independence,  as  pronounced  by  them,  on  the  4th  of  July, 
1776,  having  proposed  to  the  king,  to  consolidate,  by  a  formal 
convention,  the  connection  begun  to  be  established  between  the 
two  nations,  the  respective  plenipotentiaries  have  signed  a  treaty 
of  friendship  and  commerce,  designed  to  serve  as  a  foundation 
for  their  mutual  good  correspondence."  In  making  this  com 
munication,  the  French  minister  was  persuaded,  he  said,  that  the 
court  of  London  would  find  new  proofs  of  a  constant  and  sincere 
disposition  for  peace,  on  the  part  of  the  French  court ;  and  that 
his  Britannic  majesty  would  take  effectual  measures,  to  prevent 
any  interruption  of  the  commerce  between  France  and  the  Uni 
ted  States  ;  and  intimated,  that  for  the  purpose  of  affording  ef 
fectual  protection  to  such  commerce,  his  master,  in  connection 
with  the  United  States,  had  taken  eventual  measures. 

On  the  receipt  of  this  note,  the  king  of  Great  Britain  immedi 
ately  recalled  his  minister  from  Paris;  and  on  the  17th  sent  a 
message  to  parliament,  with  a  copy  of  the  above  note,  declaring 
the  conduct  of  France,  an  unjust  and  unprovoked  aggression  on 
the  honor  of  his  crown,  and  the  essential  interests  of  his  kingdom, 
contrary  to  the  most  solemn  assurances,  subversive  of  the  law  of 
nations,  and  injurious  to  the  rights  of  every  sovereign  power  in 
Europe  ;  and  that  he  was  determined  to  be  prepared,  to  exert  all 
the  force  and  resources  of  his  kingdom,  if  necessary,  to  repel  ev 
ery  insult  and  attack. 

The  answers  of  both  houses  gave  assurances  of  the  most  zeal 
ous  support  and  assistance,  in  measures  necessary  to  vindicate 
the  honor  of  the  crown,  and  to  protect  the  just  rights  and  essen 
tial  interests  of  the  empire. 


OF  THE  UNITED  STATES.  41 

These  answers  did  not  pass  without  warm  and  animated  de 
bates.  Those  who  were  usually  opposed  to  the  ministry,  were  di 
vided  as  to  the  course  of  policy  proper  to  be  pursued,  in  the  criti 
cal  situation  in  which  the  nation  was  placed.  The  duke  of  Rich 
mond,  the  marquis  of  Rockingham,  and  others,  were  in  favor  of 
an  immediate  acknowledgment  of  the  independence  of  America; 
while  the  earl  of  Chatham,  the  earl  of  Shelburne,and  their  friends, 
were  strongly  opposed  to  a  dismemberment  of  the  British 
empire. 

France  having  now  become  a  party  in  the  war,  for  the  support 
of  American  independence,  the  political  affairs  of  the  United 
States  assumed  a  new  aspect. 

To  counteract,  and  if  possible,  to  prevent  the  effects  of  the  new 
connection  between  the  United  States  and  the  ancient  enemy  of 
Great  Britain,  was  the  first  object  of  the  British  ministers,  after 
being  assured  of  this  important  event.  They  had  sent  to  Ameri 
ca  copies  of  their  conciliatory  bills,  even  before  they  became 
laws,  to  be  there  distributed.  Governor  Tryon,  to  whom  they 
were  entrusted,  received  them  about  the  middle  of  April,  and  im 
mediately  transmitted  them  to  general  Washington,  and  to  the 
governors  of  some  of  the  states.  The  general  sent  them  to  con 
gress,  and  expressed  his  fears  of  their  ill  effects  on  the  public  mind, 
unless  measures  to  counteract  them  were  taken.  Congress  refer 
red  the  subject  to  a  committee,  consisting  of  Governeur  Morris, 
Mr.  Drayton,  and  Mr.  Dana.  On  the  22d  of  April,  this  commit 
tee  made  a  report,  which  was,  at  once,  unanimously  accepted, 
and  with  the  bills  themselves,  ordered  to  be  published. 

At  that  period  of  the  contest,  congress  were  not  disposed  to 
accept  of  terms,  to  which,  in  its  commencement,  they  might  have 
gladly  listened.  After  severe  animadversions  on  the  bills  them 
selves,  the  committee  concluded  their  report  by  saying — "  From  all 
which,  it  appears  evident,  that  the  said  bills  are  intended  to  ope 
rate  on  the  hopes  and  fears  of  the  good  people  of  these  states,  so 
as  to  create  divisions  among  them,  and  a  defection  from  the  com 
mon  cause,  now  by  the  blessing  of  God,  drawing  near  to  a  fa 
vorable  issue ;  that  they  are  the  sequel  of  that  insidious  plan, 

VOL.  II.  6 


42  POLITICAL  AND  CIVIL  HISTORY 

which  from  the  days  of  the  stamp  act,  down  to  the  present  time, 
hath  involved  this  country  in  contention  and  bloodshed,  and  that, 
as  in  other  cases,  so  in  this,  although  circumstances  may  force 
them  to  recede  from  their  unjustifiable  claims,  there  can  be  no 
doubt,  but  they  will,  as  heretofore,  upon  the  first  favorable  occa 
sion,  again  display  that  lust  of  domination,  which  hath  rent  in 
twain  the  mighty  empire  of  Britain. 

"  Upon  the  whole,  the  committee  beg  leave  to  report  it,  as  their 
opinion,  that,  as  the  Americans  united  in  this  arduous  contest, 
upon  principles  of  common  interest,  for  the  defense  of  com 
mon  rights  and  privileges;  which  union  hath  been  cemented  by- 
common  calamities  and  by  mutual  good  offices  and  affection  ; 
so  the  great  cause,  for  which  they  contend,  and  in  which  all  man 
kind  are  interested,  must  derive  its  success  from  the  continuance 
of  that  union ;  wherefore,  any  men,  or  body  of  men,  who  should 
presurrie  to  make  any  separate  or  partial  convention  or  agree 
ment  with  commissioners  under  the  crown  of  Great  Britain,  or 
any  of  them,  ought  to  be  considered  and  treated  as  open  and 
•avowed  enemies  of  the  United  States." 

The  committee,  also,  reported,  and  congress  declared,  that  the 
United  States  could  not,  with  propriety,  hold  any  conference  or 
treaty,  with  any  commissioners,  on  the  part  of  Great  Britain,  un 
less  they  should,  as  a  preliminary,  either  withdraw  their  fleets  and 
armies,  or  in  positive  and  express  terms,  acknowledge  the  inde 
pendence  of  the  states. 

Conceiving  the  design  of  the  enemy  to  be,  to  lull  the  people  of 
America,  into  a  fatal  security,  congress,  called  upon  the  states,  to 
use  the  most  strenuous  exertions,  to  bring  their  quotas  of  troops  into 
the  field,  as  soon  as  possible,  and  to  have  their  militia  in  readi 
ness  to  act  as  occasion  might  require.  Copies  of  the  bills  having 
been  sent,  by  governor  Tryon,  to  the  governor  of  Connecticut, 
Jonathan  Trumbull  ;  the  answer  of  the  latter,  of  the  23d  of  April, 
was  as  firm  and  decided,  as  the  report  of  the  committee  of  con 
gress.  "There  was  a  day,"  says  governor  Trumbull,  "when 
even  this  step,  from  our  then  acknowledged  parent  state,  might 
have  been  accepted  with  joy  and  gratitude ;  but  that  day  is  past 


OF  THE  UNITED  STATES.  43 

irrevocably.  The  repeated  rejection  of  our  sincere  and  sufficient 
ly  humble  petitions,  the  commencement  of  hostilities,  the  inhu 
manity  which  has  marked  the  prosecution  of  the  war  on  your 
part,  in  its  several  stages,  the  insolence,  which  displays  itself,  on 
every  petty  advantage,  the  cruelties,  which  have  been  exercised 
on  those  unhappy  men,  whom  the  fortune  of  war,  has  thrown  into 
your  hands,  all  these  are  insuperable  bars  to  the  very  idea  of  con 
cluding  a  peace  with  Great  Britain,  on  any  other  conditions,  than 
the  most  absolute,  perfect  independence." 

This  patriot  and  statesman,  concluded  his  answer,  by  observ 
ing  that,  upon  the  restoration  of  union  by  a  lasting  and  honorable 
peace,  "  the  British  nation  may  then,  perhaps,  find  us,  as  affec 
tionate  and  valuable  friends,  as  we  now  are  determined  and  fatal 
enemies,  and  will  derive  from  that  friendship  more  solid  and  real 
advantages,  than  the  most  sanguine  can  expect  from  conquest." 

These  proceedings  took  place  before  the  treaties  with  France 
reached  America.  The  treaties  themselves  were  brought  by 
Simeon  Deane,  who  arrived  at  the  seat  of  government  at  York, 
in  Pennsylvania,  on  Saturday,  the  second  of  May,  1778.  Con 
gress  not  being  in  session,  immediately  assembled,  and  the  trea 
ties  were  laid  before  thern^  and  on  the  Monday  following,  were 
unanimously  ratified  and  soon  after  published.  The  American 
people  received  them  with  mingled  feelings  of  joy  and  grati 
tude.  They  had  entered  upon  the  mighty  struggle  for  their  lib 
erties  without  stopping  to  count  the  cost  or  waiting  for  foreign 
aid — they  had  from  the  commencement  come  to  the  desperate 
resolution,  "  to  die  or  be  free."  To  this  resolution  they  had  con 
stantly  adhered,  even  in  the  darkest  period  of  the  contest,  trust 
ing  in  that  God,  in  whom  their  fathers  trusted.  The  alliance  with 
France  inspired  new  hopes,  and  increased  their  confidence  in  the 
final  attainment  of  their  object.  They  now  saw  their  freedom 
and  independence  ultimately  secured,  by  the  guaranty  of  a  pow 
erful  nation  ;  a  nation  whose  interest  and  inclination  united  to 
induce  a  perseverance  in  support  of  the  cause  it  had  espoused. 
Their  feelings  of  gratitude  towards  a  monarch,  who  had  thus  in 
terposed  in  their  favor,  knew  no  bounds.  Congress  unanimously 


44  POLITICAL  AND  CIVIL  HISTORY 

expressed  their  highest  sense  of  the  magnanimity  and  wisdom  of 
his  most  Christian  majesty,  in  forming  this  alliance. 

On  this  interesting  occasion,  the  national  legislature  again  pre 
sented  an  address  to  the  people  of  the  United  States,  and  recom 
mended  that  the  same  be  read  by  ministers  of  the  gospel  of  all 
denominations,  immediately  after  divine  service,  in  their  respect-' 
ive  places  of  public  worship. 

After  stating  the  calamities  they  had  experienced,  and  the 
hardships  they  had  suffered  in  a  war,  which  had  continued  for 
three  years,  and  which  had  been  waged  against  them,  in  a  man 
ner  without  a  parallel  in  the  annals  of  the  world,  they  say,  "  at 
length  that  God  of  battles,  in  whom  was  our  trust,  hath  conduct 
ed  us  through  the  paths  of  danger  and  distress  to  the  thresholds 
of  security.  It  hath  now  become  morally  certain,  that,  if  we  have 
courage  to  persevere,  we  shall  establish  our  liberties  and  inde 
pendence.  The  haughty  prince,  who  spurned  us  from  his  feel 
with  contumely  and  disdain,  and  the  parliament  which  proscribed 
us,  now  descend  to  offer  terms  of  accommodation.  Whilst  in 
the  full  career  of  victory,  they  pulled  off  the  mask,  and  avowed 
their  intended  despotism.  But  having  lavished  in  vain  the  blood 
and  treasure  of  their  subjects  in  pursuit  of  this  execrable  purpose, 
they  now  endeavor  to  ensnare  us  with  the  insidious  offers  of 
peace.  They  would  seduce  you  into  a  dependence,  which  ne 
cessarily,  inevitably  lead  to  the  most  humiliating  slavery.  And 
do  they  believe  that  you  will  accept  these  fatal  terms  ?  because 
you  have  suffered  the  distresses  of  war,  do  they  suppose  that  you 
will  basely  lick  the  dust  before  the  feet  of  your  destroyers  ?  can 
there  be  an  American  so  lost  to  the  feelings  which  adorn  human 
nature  ?  to  the  generous  pride,  the  elevation,  the  dignity  of  free 
dom  !  is  there  a  man  who  would  not  abhor  a  dependence  upon 
those,  who  have  deluged  his  country  in  the  blood  of  its  inhabit 
ants  ?  we  cannot  suppose  this  ;  neither  is  it  possible  that  they 
themselves  can  expect  to  make  many  converts. 

"  What  then  is  their  intention  ?  is  it  not  to  lull  you  with  the  fal 
lacious  hopes  of  peace,  until  they  can  assemble  new  armies  to 
prosecute  nefarious  designs  ?  if  this  is  not  the  case,  why  do  they 


OF  THE  UNITED  STATES.  45 

strain  every  nerve  to  levy  men  throughout  their  islands  ?  why  do 
they  meanly  court  every  little  tyrant  of  Europe  to  sell  them  his 
unhappy  slaves  ?  why  do  they  continue  to  embitter  the  minds  of 
the  savages  against  you  ?  surely  this  is  not  the  way  to  conciliate 
the  affections  of  America.  Be  not,  therefore,  deceived.  You 
have  still  to  expect  one  severe  conflict.  Your  foreign  alliances, 
though  they  secure  your  independence,  cannot  secure  your  coun 
try  from  desolation,  your  habitations  from  plunder,  your  wives 
from  insult  or  violation,  nor  your  children  from  butchery.  Foil 
ed  in  their  principal  design,  you  must  expect  to  feel  the  rage  of 
disappointed  ambition.  Arise  then  !  to  your  tents  !  and  gird 
you  for  battle.  It  is  time  to  turn  the  headlong  current  of  ven 
geance  upon  the  head  of  the  destroyer.  They  have  filled  up  the 
measure  of  their  abominations,  and  like  ripe  fruit  must  soon  drop 
from  the  tree.  Although  much  is  done,  yet  much  remains  to  do. 
Expect  not  peace,  whilst  any  corner  of  America  is  in  possession 
of  your  foes.  You  must  drive  them  away  from  this  land  of  pro 
mise,  a  land  flowing  indeed  with  milk  and  honey.  Your  brethren 
at  the  extremities  of  the  continent,  already  implore  your  friend 
ship  and  protection.  It  is  your  duty  to  grant  their  request.  They 
hunger  and  thirst  after  liberty.  Be  it  yours  to  dispense  to  them 
the  heavenly  gift.  And  what  is  there  now  to  prevent  it  ?  After 
the  unremitted  efforts  of  our  enemies,  we  are  stronger  than  be 
fore.  Nor  can  the  wicked  emissaries,  who  so  assiduously  labor 
to  promote  their  cause,  point  out  any  one  reason  to  suppose  that 
we  shall  not  receive  daily  accessions  of  strength.  They  tell  you. 
it  is  true,  that  your  money  is  of  no  value  ;  and  your  debts  so  enor 
mous  they  can  never  be  paid,  but  we  tell  you,  that  if  Britain  pro 
secutes  the  war  another  campaign,  that  single  campaign  will  cost 
her  more  than  we  had  hitherto  expended.  And  yet  these  men 
would  prevail  upon  you  to  take  up  that  immense  load,  and  for  it 
to  sacrifice  your  dearest  rights.  For,  surely,  there  is  no  man  so 
absurd  as  to  suppose,  that  the  least  shadow  of  liberty  can  be  pre 
served  in  a  dependent  connection  with  Great  Britain.  From  the 
nature  of  the  thing  it  is  evident,  that  the  only  security  you  could 
obtain,  would  be,  the  justice  and  moderation  of  a  parliament, 


46  POLITICAL  AND  CIVIL  HISTORY 

who  have  sold  the  rights  of  their  own  constituents.  And  this 
slender  security  is  still  farther  weakened,  by  the  consideration 
that  it  was  pledged  to  rebels,  (as  they  unjustly  call  the  good  peo 
ple  of  these  states,)  with  whom  they  think  they  are  not  bound  to 
keep  faith  by  any  law  whatsoever.  Thus  would  you  be  cast 
bound  among  men,  whose  minds,  by  your  virtuous  resistance, 
have  been  sharpened  to  the  keenest  edge  of  revenge.  Thus 
would  your  children  and  your  children's  children,  be  by  you  forced 
to  a  participation  of  all  their  debts,  their  wars,  their  luxuries,  and 
their  crimes.  And  this  mad,  this  impious  system  they  would 
lead  you  to  adopt,  because  of  the  derangement  of  your  finances. 
"  It  becomes  you  deeply  to  reflect  on  this  subject.  Is  there 
a  country  upon  earth,  which  hath  such  resources  for  the  payment 
of  her  debts  as  America  ?  such  an  extensive  territory  ?  so  fertile, 
so  blessed  in  its  climate  and  productions  ?  surely  there  is  none. 
Neither  is  there  any,  to  which  the  wise  Europeans  will  sooner 
confide  their  property.  What,  then,  are  the  reasons  that  your 
money  hath  depreciated  ?  because  no  taxes  have  been  imposed 
to  carry  on  the  war.  Because  your  commerce  hath  been  inter 
rupted  by  your  enemy's  fleets.  Because  their  armies  have  rav 
aged  and  desolated  a  part  of  your  country.  Because  their 
agents  have  villainously  counterfeited  your  bills.  Because  extor 
tioners  among  you,  inflamed  with  the  lust  of  gain,  have  added  to 
the  price  of  every  article  of  life.  And  because  weak  men  have 
been  artfully  led  to  believe  that  it  is  of  no  value.  How  is  this 
dangerous  disease  to  be  remedied  ?  let  those  among  you,  who 
have  leisure  and  opportunity,  collect  the  monies  which  individ 
uals  in  their  neighbourhood  are  desirous  of  placing  in  the  public 
funds.  Let  the  several  legislatures  sink  their  respective  emissions, 
that  so,  there  being  but  one  kind  of  bills,  there  may  be  less  dan 
ger  of  counterfeits.  Refrain  a  little  while  from  purchasing  those 
things  which  are  not  absolutely  necessary,  that  so  those  who  have 
engrossed  commodities  may  suffer  (as  they  deservedly  will)  the 
loss  of  their  ill-begotten  hoards,  by  reason  of  the  commerce  with 
foreign  nations,  which  the  fleets  will  protect.  Above  all,  bring 
forward  your  armies  into  the  field.  Trust  not  to  appearances  of 


OF  THE  UNITED  STATES.  47 

peace  or  safety.  Be  assured  that,  unless  you  persevere,  you  will 
be  exposed  to  every  species  of  barbarity.  But  if  you  exert  the 
means  of  defense  which  God  and  nature  have  given  you,  the 
time  will  soon  arrive,  when  every  man  shall  sit  under  his  own  vine, 
and  under  his  own  fig-tree,  and  there  shall  be  none  to  make  him 
afraid. 

"  The  sweets  of  a  free  commerce  with  every  part  of  the  earth 
will  soon  reimburse  you  for  all  the  losses  you  have  sustained. 
The  full  tide  of  wealth  will  flow  in  upon  your  shores,  free  from 
the  arbitrary  impositions  of  those  whose  interest  and  whose  de 
clared  policy  it  was  to  check  your  growth.  Your  interests  will 
be  fostered  and  nourished  by  governments,  that  derive  their  pow 
er  from  your  grant,  and  will  therefore  be  obliged,  by  the  influ 
ence  of  cogent  necessity,  to  exert  it  in  your  favor.  It  is  to  obtain 
these  things  that  we  call  your  strenuous,  unremitted  exertions. 
Yet  do  not  believe  that  you  have  been,  or  can  be  saved  merely 
by  your  own  strength.  No !  it  is  by  the  assistance  of  heaven, 
and  this  you  must  assiduously  cultivate,  by  acts  which  heaven 
approves.  Thus  shall  the  power  and  the  happiness  of  these 
sovereign,  free  and  independent  states,  founded  on  the  virtue  of 
of  their  citizens,  increase,  extend  and  endure,  until  the  Almighty 
shall  blot  out  all  the  empires  of  the  earth."* 

In  this  state  of  political  affairs,  the  British  commissioners  ar 
rived  in  America,  to  propose  terms  of  reconciliation,  in  pursu 
ance  of  the  late  acts  of  parliament.  The  earl  of  Carlisle,  gov 
ernor  Johnston,  and  Mr.  Eden,  landed  at  Philadelphia  about  the 
first  of  June. 

Before  noticing  their  proceedings  in  America,  we  would  here 
state,  that  previous  to  leaving  England,  they  as  well  as  the 
British  ministry  deemed  it  important  to  ascertain  the  opinion  of 
Dr.  Franklin  concerning  the  terms  they  were  about  to  offer  the 
Americans.  For  this  purpose,  William  Pulteney,  a  member  of 
parliament  and  brother  in  law  to  governor  Johnston,  went  to 
Paris,  about  the  last  of  March  ;  and  under  a  fictitious  name,  re- 

*  This  was  drawn  by  Samuel  Chase,  See  Biography  of  Signers  to  the  declaration 
of  Independence,  vol.  ix.  p.  207, 


48  POLITICAL  AND  CIVIL  HISTORY 

quested  a  conference  with  the  American  minister.  In  this  con 
ference  Mr.  Pulteney  submitted  to  Dr.  Franklin  the  terms  of  re 
conciliation,  about  to  be  proposed  to  the  Americans,  under  a 
stipulation,  that  if  disapproved  by  him,  they  were  to  remain  a 
secret.  Dr.  Franklin  expressed  his  opinion  against  them,  arid 
candidly  told  Mr.  Pulteney  they  would  never  be  accepted  by  his 
countrymen ;  and  that  every  proposition,  implying  a  voluntary 
agreement  to  return  to  a  state  of  dependence  on  Great  Britain, 
would  be  rejected  by  them.*  In  April  following,  David  Hartley, 
also,  went  to  Paris,  to  sound  the  American  minister  as  to  terms 
which  might  probably  restore  harmony  between  the  two  coun 
tries.  Mr.  Hartley  was  a  member  of  parliament,  well  acquaint-" 
ed  with  Dr.  Franklin,  and  was  himself  very  desirous  of  an  ac 
commodation.  In  a  conference,  he  asked  what  terms  would  be 
accepted  by  the  Americans,  whether,  in  order  to  obtain  peace, 
they  would  not  grant  some  superior  advantages  in  trade  to  Great 
Britain,  and  enter  into  an  offensive  and  defensive  bond  of  alliance 
with  her.  He  also  inquired,  whether,  if  war  should  be  declar 
ed  against  France,  the  Americans  had  bound  themselves  by  treaty 
to  join  with  her  against  Great  Britain.  Dr.  Franklin  informed 
him,  that  he  was  not  authorized  to  propose  any  terms  of  reconcil 
iation  ;  he  told  him,  however,  that,  as  to  advantages  in  trade, 
Great  Britain  might  think  herself  well  off,  if,  after  having  injured 
the  Americans,  by  commencing  an  unjust  war,  she  could,  on 
making  reparation  for  those  injuries,  obtain  advantages  in  com 
merce,  equal  with  other  nations.  He,  also,  stated  to  him,  that 
an  offensive  alliance  with  a  nation  so  often  engaged  in  war,  could 
not  be  expected  ;  and  that,  in  case  Great  Britain  should  declare 
war  against  France,  America  would  make  common  cause  with 
the  latter. 

Soon  after  this  conference,  Mr.  Hartley,  in  a  friendly  note  took 
leave  of  Dr.  Franklin,  and  in  a  postscript,  alluding  to  probable 
future  events,  added,  "  If  tempestuous  times  should  come,  take 
care  of  yourself;  events  are  uncertain,  and  men  are  capricious.1' 
To  this  the  doctor  returned  the  following  characteristic  answer, 

*  Franklin's  Works,  vol.  6,  p.  385. 


OF  THE  UNITED  STATES.  49 

".I  thank  you  for  your  kind  caution  ;  but  having  nearly  finished 
a  long  life,  I  set  but  little  value  on  what  remains  of  it.  Like  a 
draper,  when  one  chaffers  with  him  for  a  remnant,  I  am  ready 
to  say,  "  as  it  is  only  the  fag-end,  I  will  not  differ  with  you  about 
it,  take  it  for  what  you  please.  Perhaps  the  best  use  an  old  fel 
low  can  be  put  to,  is  to  make  a  martyr  of  him."  These  notes 
closed  the  conference  with  Mr.  Hartley  at  that  time. 

A  gentleman  also  by  the  name  of  Chapman,  and  a  member  of 
the  Irish  parliament,  about  the  same  time  visited  Dr.  Franklin,  on 
his  way  from  Nice,  on  the  pretence  of  paying  his  respects  to  a 
man  of  such  distinguished  reputation. 

In  the  course  of  conversation  he  urged  Dr.  Franklin  to  state 
what  terms  would  satisfy  the  Americans  ;  and  whether  they 
would  not,  on  obtaining  peace  and  independence,  submit  to  the 
navigation  acts,  or  give  equivalent  privileges  in  trade  to  Great 
Britain.  To  him  the  American  minister  made  nearly  the  same 
reply  as  to  Mr.  Hartley ;  that  peace  was  of  equal  value  to  the 
English  as  to  the  Americans,  that  the  latter  were  already  in  pos 
session  of  independence,  and  that  the  grant  of  this  therefore 
would  not  be  considered  a  favor,  requiring  as  an  equivalent,  pe 
culiar  advantages  in  commerce. 

Dr.  Franklin  suspected  he  might  have  been  requested  by  lord 
Shelburne  to  sound  him  as  to  terms  of  peace. 

The  American  minister  at  Paris,  in  the  summer  of  1778,  also, 
received  an  anonymous  letter,  requesting  him  to  make  some  prop 
ositions  which  might  be  laid  before  the  king ;  and  he  was  desir 
ed  to  drop  a  letter  containing  them,  for  a  person  who  would  be 
in  the  church  of  Notre-Dame,  at  a  certain  time,  to  be  known  by 
a  rose  in  his  hat.  Dr.  Franklin,  not  choosing  to  negociate  in  this 
way,  paid  no  attention  to  the  request,  except  to  give  information 
to  the  police  officers,  who  attended  at  the  time  and  place  desig 
nated,  and  saw  a  person  arrive,  having  the  proposed  insignia. 
Not  finding  the  expected  letter,  the  stranger  soon  retired  and 
took  the  road  to  Calais.* 

*  Franklin's  Works,  vol.  6,  p.  396,  and  Histoire  &c.  de  la  Diplomtie  Francaise,  vol  7, 

VOL,  II.  7 


50  POLITICAL  AND  CIVIL  HISTORY 

The  British  commissioners  soon  after  their  arrival  at  Philadel 
phia  applied  to  general  Washington  for  a  pasport  for  their  secre 
tary,  Mr.  Ferguson,  as  the  bearer  of  despatches  to  congress.  The 
general  declined  granting  a  pasport,  without  orders  from  that 
body. 

The  commissioners  then  sent  their  letter  by  the  usual  mili 
tary  posts,  accompanied  with  their  commission,  the  acts  of 
parliament  under  which  they  acted,  together  with  propositions 
of  conciliation. 

The  propositions  were,  "  To  consent  to  a  cessation  of  hostili 
ties,  both  by  sea  and  land." 

"  To  restore  free  intercourse,  to  revive  mutual  affection,  and 
renew  the  common  benefits  of  naturalization,  through  the  sev 
eral  parts  of  the  empire.  . 

"  To  extend  every  freedom  to  trade,  that  the  respective  inter 
ests  of  Britain  and  America  could  require. 

"  To  agree,  that  no  military  force  should  be  kept  up  in  North 
America,  without  the  consent  of  the  general  congress,  or  partic 
ular  assemblies. 

"To  concur  in  measures  calculated  to  discharge  the  debts  of 
America,  and  to  raise  the  credit  and  value  of  the  paper  circula 
tion. 

"  To  perpetuate  the  union,  by  a  reciprocal  deputation  of  an 
agent  or  agents,  who  shall  have  the  privilege  of  a  seat  and  voice, 
in  the  parliament  of  Great  Britain,  or,  if  sent  from  Great  Britain, 
to  have  a  seat  and  voice  in  the  assemblies  of  the  different  colo 
nies,  to  which  they  may  be  deputed  respectively,  in  order  to  at 
tend  to  the  several  interests  of  those  by  whom  they  may  be  de 
puted. 

"  In  short,  to  establish  the  power  of  the  respective  legislature* 
in  each  particular  colony,  to  settle  its  revenue,  its  civil  and  milita 
ry  establishments,  and  to  exercise  a  perfect  freedom  in  legislation 
and  internal  government,  so  that  the  British  colonies  throughout 
North  America,  acting  with  Great  Britain,  in  peace  and  in  war, 
under  one  common  sovereign,  may  have  the  irrevocable  enjoy 
ment  of  every  privilege,  short  of  a  total  separation  of  interests, 


OF  THE  UNITED  STATES.  51 

or  consistent  with  that  union  of  force,  on  which  the  safety  of  their 
common  religion  and  liberty  depends." 

After  stating  these  propositions,  the  commissioners  referred  to 
the  connection  lately  formed  with  France.  "  In  our  anxiety," 
they  observed,  "  for  preserving  these  several  and  essential  inter 
ests,  we  cannot  help  taking  notice  of  the  insidious  interposition 
of  a  power,  which  has,  from  the  first  settlement  of  these  colonies, 
been  actuated  with  enmity  to  us  both.  And  notwithstanding 
the  pretended  date  or  present  form  of  the  French  offers  to 
North  America,  yet  it  is  notorious,  that  these  were  made  in  con 
sequence  of  the  plans  of  accommodation  previously  concerted  in 
Great  Britain,  and  with  a  view  to  prevent  our  reconciliation,  and 
to  prolong  this  destructive  war."* 

Some  of  the  members  were  indignant  at  the  insinuations  in  the 
letter  against  the  honor  of  their  new  ally,  and  when  that  part  was 
read,  which  mentioned  the  "  insidious  interposition"  of  France, 
a  motion  was  made,  to  proceed  no  farther,  declaring  that 
they  could  not  hear  language,  reflecting  "  on  the  honor  of  his 
most  Christian  majesty,  the  good  and  faithful  ally  of  these  states." 
This  motion,  however,  was  finally  postponed,  and  the  letter  and 
papers  were  read  and  referred  to  a  committee,  consisting  of  Rich 
ard  H.  Lee,  S.  Adams,  Mr.  Drayton,  G.  Morriss,  and  Mr.  With- 
erspoon. 

Congress  now  considered  the  independence  of  the  United 
States  secured  by  their  alliance  with  France,  and  that  they  could 
listen  to  no  terms,  short  of  an  absolute  and  unconditional  ac 
knowledgment  of  it ;  they  therefore,  on  the  report  of  this  com 
mittee,  by  an  unanimous  vote,  directed  their  president  to  send 
the  following  answer  to  the  commissioners. 

"  I  have  received  the  letter  from  your  excellencies  of  the  9th 
instant,  with  the  en-closures,  and  laid  them  before  Congress. 
Nothing  but  an  earnest  desire  to  spare  the  effusion  of  human 
blood,  could  have  induced  them  to  read  a  paper  containing  ex 
pressions  so  disrespectful  to  his  most  Christian  majesty,  the  good 

Note  2. 


52  POLITICAL  AND  CIVIL  HISTORY 

and  great  ally  of  these  states,  or  to  consider  propositions  so  de 
rogatory  to  the  honor  of  an  independent  nation. 

"  The  acts  of  the  British  parliament,  the  commission  from  your 
sovereign,  and  your  letter,  suppose  the  people  of  these  states,  to 
be  subjects  of  the  crown  of  Great  Britain,  and  are  founded  on 
the  idea  of  dependence,  which  is  utterly  inadmissible. 

"  I  am  further  directed  to  inform  your  excellencies,  that  con 
gress  are  inclined  to  peace,  notwithstanding  the  unjust  claims, 
from  which  this  war  originated,  and  the  savage  manner,  in  which 
it  hath  been  conducted.  They  will,  therefore,  be  ready  to  enter 
upon  the  consideration  of  a  treaty  of  peace  and  commerce,  not 
inconsistent  with  treaties,  already  subsisting,  when  the  king  of 
Great  Britain  shall  demonstrate  a  sincere  disposition  for  that  pur 
pose.  The  only  solid  proof  of  this  disposition  will  be,  an  explicit 
acknowledgment  of  the  independence  of  these  states,  or  the  with 
drawing  his  fleets  and  armies." 

The  British  commissioners  after  their  arrival  in  New-York,  sent 
a  second  letter  to  the  national  legislature,  in  which  they  say, — 
"  You  propose  to  us  as  a  matter  of  choice  one  or  other  of  two  al 
ternatives,  which  you  state  as  preliminaries  necessary  even  to  the 
beginning  of  a  negociation  for  peace  to  this  empire. 

"  One  is  an  explicit  acknowledgment  of  the  independence  of 
these  states.  We  are  not  inclined  to  dispute  with  you  about  the 
meaning  of  words  :  but  so  far  as  you  mean  the  entire  privilege  of 
the  people  of  North  America  to  dispose  of  their  property,  arid  to 
govern  themselves  without  any  reference  to  Great  Britain,  be 
yond  what  is  necessary  to  preserve  that  union  of  force,  in  which 
our  mutual  safety  and  advantage  consist;  we  think  that  so  far 
their  independency  is  fully  acknowledged  in  the  terms  of  our  let 
ter  of  the  10th  of  June.  And  we  are  willing  to  enter  upon  a  fair 
discussion  with  you,  of  all  the  circumstances  that  may  be  neces 
sary  to  ensure  or  even  to  enlarge  that  independency. 

"  In  the  other  alternative  you  propose,  that  his  majesty  should 
withdraw  his  fleets  and  his  armies. 

"  Although  we  have  no  doubt  of  his  majesty's  disposition  to 
remove  every  subject  of  uneasiness  from  the  colonies,  yet  there 


OF  THE  UNITED  STATES.  53 

are  circumstances  of  precaution  against  our  ancient  enemies, 
which  joined  to  the  regard  that  must  be  paid  to  the  safety  of 
many,  who  from  affection  to  Great  Britain,  have  exposed  them 
selves  to  suffer  in  this  contest,  and  to  whom  Great  Britain  owes 
support  at  every  expense  of  blood  and  treasure,  that  will  not  allow 
us  to  begin  with  this  measure.  How  soon  it  may  follow  the  first 
advances  to  peace  on  your  part,  will  depend  on  the  favorable 
prospect  you  give  of  a  reconciliation  with  your  fellow  citizens  of 
this  continent  and  with  those  in  Britain.  In  the  mean  time,  we 
assure  you  that  no  circumstance  will  give  us  more  satisfaction, 
than  to  find  that  the  extent  of  our  future  connection  is  to  be  de 
termined  on  principles  of  mere  reason  and  the  considerations  of 
mutual  interest,  on  which  we  are  willing  likewise  to  rest  the  per 
manency  of  any  arrangements  we  may  form. 

"  In  making  these  declarations,  we  do  not  wait  for  the  decis 
ions  of  any  military  events.  Having  determined  our  judgment 
by  what  we  believe  to  be  the  interests  of  our  country,  we  shall 
abide  by  the  declarations  we  now  make  in  every  possible  situa 
tion  of  our  affairs. 

"  You  refer  to  treaties  already  subsisting,  but  are  pleased  to 
withhold  from  us  any  particular  information  in  respect  to  their 
nature  or  tendency. 

"  If  they  in  any  degree  are  to  affect  our  deliberations,  we  think 
you  cannot  refuse  a  full  communication  of  the  particulars,  in  which 
they  consist,  both  for  our  consideration  and  that  of  your  own  con 
stituents,  who  are  to  judge  between  us,  whether  any  alliance  you 
may  have  contracted  be  a  sufficient  reason  for  continuing  this  un 
natural  war.  We  likewise  think  ourselves  entitled  to  a  full  com 
munication  of  the  powers  by  which  you  conceive  yourselves  au 
thorized  to  make  treaties  with  foreign  nations. 

"  And  we  are  led  to  ask  satisfaction  on  this  point,  because  we 
have  observed  in  your  proposed  articles  of  confederation,  No.  6 
and  9,  it  is  stated  that  you  have  the  power  of  entering  into  trea 
ties  and  alliances  under  certain  restrictions  therein  specified,  yet 
we  do  not  find  promulgated  any  act  or  resolution  of  the  assem 
blies  of  particular  states  conferring  this  power  on  you. 


54  POLITICAL  AND  CIVIL  HISTORY 

"  As  we  have  communicated  our  powers  to  you,  we  mean  to 
proceed  without  reserve  in  this  business  ;  we  will  not  suppose 
that  any  objection  can  arise  on  your  part  to  our  communicating 
to  the  public  so  much  of  your  correspondence  as  may  be  neces 
sary  to  explain  our  own  proceedings.  At  the  same  time  we  as 
sure  you,  that  in  all  such  publications,  the  respect  which  we  pay 
to  the  great  body  of  people  you  are  disposed  to  represent,  shall 
be  evidenced  by  us  in  every  possible  mark  of  consideration  and 
regard." 

On  the  receipt  of  this  letter,  congress  declared,  that  as  neither 
the  independence  of  the  United  States  was  acknowledged,  nor 
the  British  fleet  and  armies  were  withdrawn,  no  answer  should 
be  returned. 

The  letter  itself  was  no  doubt  designed  rather  for  the  people 
of  America,  than  the  members  of  the  national  legislature.  The 
British  commissioners  could  not  believe,  that  the  Americans,  when 
fully  acquainted  with  the  terms  of  reconciliation,  would  consent 
to  an  alliance  with  their  ancient  enemy.  They,  therefore,  sug 
gested,  that  as  the  articles  of  confederation  were  not  fully  ratifi 
ed,  the  treaties  with  France  could  not  be  binding  without  the  as 
sent  of  the  states  themselves  ;  and  this  suggestion  was  made  with 
an  expectation,  that  the  people  would  prefer  British  offers  of 
peace  to  French  alliance. 

But  the  commissioners  were  unacquainted  with  the  character 
either  of  the  people  of  America,  or  their  representatives  in  the  na 
tional  legislature.  Governor  Johnston  addressed  private  letters 
to  several  members  of  congress,  with  some  of  whom  he  had  for 
merly  been  acquainted,  on  the  subject  of  his  mission  ;  particular 
ly  to  Mr.  Reed,  Robert  Morris,  Mr.  Laurens,  and  Mr.  Dana. 
These  letters,  in  July,  1778,  were  directed  to  be  laid  before  con 
gress  ;  and  disclosed  the  objects  of  the  writer.  To  Mr.  Reed,  in 
a  letter  written  before  he  left  England,  he  said,  "  the  man,  who 
can  be  instrumental  in  bringing  us  all  to  act  once  more  in  har 
mony,  and  to  unite  together  the  various  powers,  which  this  con 
test  has  drawn  forth,  will  deserve  more  from  the  king  and  the 
people,  from  patriotism,  humanity,  and  all  the  tender  ties,  that 


OF  THE  UNITED  STATES.  55 

are  affected  by  the  quarrel  and  reconciliation,  than  ever  was  be 
stowed  on  human  kind."  To  Mr.  Morris,  he  wrote,  "  I  believe 
the  men,  who  have  conducted  the  affairs  of  America,  incapable 
of  being  influenced  by  improper  motives  ;  but  in  all  such  trans 
actions  there  is  risk,  and  I  think,  that  whoever  ventures  should  be 
secured  ;  at  the  same  time,  that  honor  and  emolument  should 
naturally  follow  the  fortunes  of  those,  who  have  steered  the  ves 
sel  in  the  storm  and  brought  her  safe  to  port.  I  think  Washing 
ton  and  the  president  have  a  right  to  any  favor,  that  grateful  na 
tions  can  bestow,  if  they  could  once  more  unite  our  interest  and 
spare  the  miseries  and  devastations  of  war.1'  To  Mr.  Dana,  he 
declared,  among  other  things,  that  Dr.  Franklin,  in  March,  was 
satisfied,  that  the  articles  which  the  commissioners  wished  to 
make  the  basis  of  a  treaty,  were  beneficial  to  America,  and  such 
as  he  should  accept. 

Mr.  Reed,  also,  at  the  same  time  stated,  in  his  place  in  con 
gress,  that  on  the  21st  of  June,  he  received  a  written  message 
from  a  lady  of  character,  having  connection  with  the  British  army, 
wishing  to  see  him  on  business,  which  could  not  be  committed  to 
writing.  That  in  a  conference  with  this  lady,  he  was  given  to 
understand,  that  it  was  particularly  wished  by  governor  Johnston, 
that  his  influence  should  be  obtained,  in  bringing  about  a  re-un 
ion  between  the  two  countries,  if  consistent  with  his  principles 
and  judgment ;  and  in  such  case,  he  might  have  £10,000  ster 
ling,  and  any  office  in  the  colonies,  in  the  gift  of  the  crown. 

That  an  answer  being  expected,  he  replied,  that  "  he  was  not 
worth  purchasing,  but  such  as  he  was,  the  king  of  Great  Britain 
was  not  rich  enough  to  do  it." 

These  letters,  connected  with  the  offers,  made  to  Mr.  Reed, 
were  considered  by  congress,  as  an  attempt  to  bribe  the  mem 
bers  of  that  body ;  and  on  the  1 1th  of  August,  they  declared  it  to 
be  "  incompatible  with  the  honor  of  congress,  to  hold  any  man 
ner  of  correspondence  with  Mr.  Johnston,  especially  to  negotiate 
with  him,  upon  affairs  in  which  the  cause  of  liberty  is  interested." 

This  declaration  was  sent  to  the  British  commissioners  at  New 
York.  It  drew  from  Mr.  Johnston,  a  very  angry  counter-declara- 


56  POLITICAL  AND  CIVIL  HISTORY 

tion.  The  charges  made  against  him  were  not  absolutely  denied 
or  acknowledged ;  but  congress  were  accused  of  malice  and 
treachery,  of  making  the  declaration  with  an  intent  to  in 
fluence  the  minds  of  their  constituents,  and  to  prevent  the  ef 
fects  of  the  British  mission.  He,  therefore,  for  the  future,  declin 
ed  acting  as  one  of  the  commissioners,  in  any  business,  in  which 
congress  should  be  concerned. 

It  may  be  proper  in  this  place,  to  state,  that  governor  John 
ston,  soon  after  this,  returned  to  Great  Britain,  and  in  a  speech 
delivered  in  parliament,  November,  1778,  denied  the  transaction 
with  Mrs.  Ferguson,  as  stated  by  Mr.  Reed,  and  asserted  that 
the  offers,  were  made  without  any  authority  from  him.  This 
public  declaration,  drew  from  Mr.  Reed  in  1779,  a  vindication 
of  himself,  in  a  publication,  containing  a  confirmation  of  his 
statement  from  Mrs.  Ferguson  herself. 

This  lady,  in  a  written  communication,  declared  that  "  Mr, 
Johnston  conversed  with  her,  on  the  subject  of  a  settle 
ment  with  the  colonies,  and  spoke  of  Mr.  Reed — But  I  should 
be  particularly  glad  of  Mr.  Reed's  influence  in  this  affair ;  Mrs. 
Ferguson,  says  he,  and  I  think  he  looked  a  little  confused,  if  this 
affair  should  be  settled  in  the  way  we  wish,  we  shall  have  many 
pretty  things  in  our  power  ;  and  if  Mr.  Reed,  after  well  consider 
ing  the  nature  of  the  dispute,  can,  conformable  to  his  conscience 
and  view  of  things,  exert  his  influence  to  settle  the  contest,  he 
may  command  ten  thousand  guineas,  and  the  best  post  in  the 
government ;  and  if  you  should  see  him,  I  could  wish  you  to  con 
vey  that  idea  to  him." 

The  colleagues  of  governor  Johnston  in  a  communication 
made  to  congress,  denied  any  knowledge  of  his  private  letters  to 
the  members  of  that  body,  or  of  the  transaction  stated  by  Mr. 
Reed.  They,  at  the  same  time,  endeavored  to  prove,  that  in 
confirming  the  treaties  with  France,  as  well  as  in  rejecting  their 
pacific  overtures,  without  consulting  the  assemblies  of  the  states, 
congress  had  exceeded  the  powers  committed  to  them.  In  the 
same  communication,  they  attempted  to  persuade  the  American 
people,  that  their  best  interests  forbid  an  adherence  to  the 


OF  THE  UNITED  STATES.  57 

treaties,  entered  into,  as  they  alleged,  on  the  part  of  France, 
after  a  full  knowledge  of  the  concessions  intended  to  be  made  by 
Great  Britain,  and  with  a  view  to  prevent  a  reconciliation.  To 
this  communication  congress  made  no  reply  ;  but  individuals  of 
df  that  body,  particularly  Governeur  Morriss  and  Mr.  Drayton,  in 
numerous  publications  controverted  the  facts  stated  by  the  com 
missioners,  and  endeavored  to  convince  the  Americans,  that  the 
concessions  made  on  the  part  of  Great  Britain,  were  the  effect  and 
not  the  cause  of  the  offers  made  on  the  part  of  France. 

The  British  commissioners  were  still  unwilling  to  believe,  that 
congress,  in  rejecting  their  overtures,  had  acted  in  accordance 
with  the  wishes  of  their  constituents.  They  could  not  imagine 
that  the  American  people  would  cordially  unite  with  their  ancient 
enemies,  and  finally  reject  those  terms,  which  they  had  hereto 
fore  been  willing  to  accept. 

On  the  third  of  October,  therefore,  they  published  a  manifesto 
or  declaration,  addressed  not  only  to  congress,  but  to  the  mem 
bers  of  the  colonial  assemblies  or  conventions,  and  all  others,  fre-e 
inhabitants  of  the  colonies,  of  every  rank  and  denomination. 

To  congress  they  repeated  the  offers  already  made,  and  re 
minded  them,  "  that  they  were  responsible  to  their  countrymen, 
to  the  world,  and  to  God,  for  the  continuance  of  this  war,  and 
for  all  the  miseries  with  which  it  must  be  attended." 

To  the  colonial  assemblies,  they  separately  made  the  offers 
presented  to  congress,  and  called  upon  them,  by  every  motive, 
political  as  well  as  moral,  to  meet  and  embrace  the  occasion  of 
cementing  a  free  and  firm  coalition  with  Great  Britain. 

They  next  appealed  to  the  various  classes  of  the  "  free  inhabit 
ants  of  this  once  happy  empire." 

They  called  upon  those  in  arms  to  recollect,  that  the  grievan 
ces,  whether  real  or  pretended,  which  led  them  into  rebellion,  had 
been  forever  removed,  and  that  the  just  occasion  had  arrived  for 
their  returning  to  the  class  of  peaceful  citizens. 

To  those,  whose  profession  it  was  to  exercise  the  functions  of 
religion,  they  said,  "  it  cannot  be  unknown,  that  the  foreign  pow 
er,  with  which  congress  were  endeavoring  to  connect  them,  ha's 

VOL.  If.  8 


58  POLITICAL  AND  CIVIL  HISTORY         * 

ever  been  averse  to  toleration,  and  inveterately  opposed  to  the 
interests  and  freedom  of  the  places  of  worship,  which  they  serve." 

To  all  the  lovers  of  peace,  they  observed,  "  that  they  were  made, 
by  their  leaders,  to  continue  involved  in  all  the  calamities  of  war. 
without  having  cither  adjust  object  to  pursue,  or  a  subsisting 
grievance,  which  might  not  instantly  be  redressed." 

The  commissioners  then  added  a  declaration,  as  novel  in 
its  principles,  as  it  was  calamitous  in  its  consequences.  If  any 
person  should  think  it  for  "  the  benefit  of  the  colonies,  to  separate 
themselves  from  Great  Britain,"  they  thought  it  right,  they 
said,  "  to  leave  them  aware  of  the  change,  which  the  maintain 
ing  such  a  position  must  make,  in  the  whole  nature  and  future 
conduct  of  the  war,  more  especially,  when  to  this  position  is  add 
ed,  the  pretended  alliance  with  the  court  of  France. 

"  The  policy,  as  well  as  benevolence  of  Great  Britain,"  they 
subjoined,  "  have  thus  far  checked  the  extremes  of  war,  where  they 
tended  to  distress  a  people  still  considered  as  our  fellow-subjects, 
and  to  desolate  a  country,  shortly  to  become  a  source  of  mutual 
advantage :  but  when  that  country  professes  the  unnatural  de 
sign,  not  only  of  estranging  herself  from  us,  but  of  mortgaging 
herself  to  our  enemies,  the  whole  contest  is  changed  ;  and  the 
question  is,  how  far  Great  Britain  may,  by  every  means  in  her 
power,  destroy  or  render  useless,  a  connection  contrived  for 
her  ruin,  and  for  the  aggrandizement  of  France.  Under  such 
circumstances,  the  laws  of  self-preservation  must  direct  the  con 
duct  of  Great  Britain ;  and  if  the  British  colonies  are  to  become 
an  accession  to  France,  will  direct  her  to  render  that  accession 
as  of  little  avail  to  her  as  possible." 

In  conclusion,  the  commissioners  offered  pardon  to  all  who 
should  within  forty  days,  withdraw  from  the  civil  or  military 
service  of  the  colonies,  and  continue  good  and  peaceable  subjects 
of  the  British  king. 

They  directed  copies  of  this  manifesto  to  be  circulated  among 
the  people  of  the  United  States,  by  means  of  flags  of  truce.  Con 
gress  considered  this  as  a  violation  of  national  law,  and  declared, 
that  the  agents  so  employed  were  not  entitled  to  the  protection 


OF  THE  UNITED  STATES.  59 

of  a  flag ;  and  recommended   to  the  executives  of  the  several 
states  to  seize  and  secure  them. 

The  British  commissioners  seemed  to  imagine,  that  America 
was  the  absolute  property  of  the  British  crown;  and  that  as  this 
property  was  mortgaged  to  France,  the  king  had  a  right  to  waste 
and  destroy  it  at  pleasure.  Viewing  this  part  of  the  mani 
festo  as  a  threat  of  more  extensive  devastation  of  the  country  in 
future,  congress,  on  the  30th  of  October,  issued  a  counter  mani 
festo,  declaring,  "  that  if  our  enemies  presume  to  execute  their 
threats,  or  persist  in  their  present  career  of  barbarity,  we  will 
take  such  exemplary  vengeance,  as  shall  deter  others  from  a  like 
conduct.  We  appeal,"  they  said,  "  to  that  God  who  searcheth 
the  hearts  of  men,  for  the  rectitude  of  our  intentions ;  and  in  his 
holy  presence  declare,  that  as  we  are  not  mpved  by  any  light  or 
hasty  suggestions  of  anger  and  revenge,  so  through  every  possi 
ble  change  of  fortune  we  will  adhere  to  this  our  determination." 

The  commissioners  found  the  American  people  as  little  dispos 
ed  to  accept  the  offers  of  reconciliation  and  pardon,  as  their  rep 
resentatives.  The  day  of  reconciliation  had  indeed  passed.  A 
re-union  with  Great  Britain,  on  terms  compatible  with  the  per 
manent  security  of  their  essential  rights,  or  with  the  political  hap 
piness  and  commercial  prosperity  of  their  country,  the  people  of 
the  United  States  were  now  convinced  was  impossible.  Nor 
could  they  accede  to  any  terms  short  of  absolute  independence, 
without  violating  their  engagements  with  France. 

The  commissioners,  therefore,  at  the  expiration  of  the  forty 
days,  finding  no  applications  for  pardon,  returned  to  Great  Brit 
ain,  and  left  the  contest  to  be  decided  by  the  sword. 


CHAPTER  XIT1. 

French  fleet  and  a  French  minister  arrive  in  America  in  the  summer  of  1778 — French 
minister  received  with  great  joy — Dr.  Franklin  appointed  minister  to  France— His 
instructions — Plan  of  attacking  Canada  in  conjunction  with  France  adopted  by  con 
gress — submitted  to  general  Washington — Disapproved  by  him — his  public  and  his 
private  letters  on  this  subject — Congress  finally  relinquish  the  scheme — Co-opera 
tion  of  Spain  expected — Spain  declines  acceding  to  the  treaties  made  with  France- 
Reasons  of  this — Wishes  security  for  her  own  American  possessions — Offers  her  me 
diation  between  France  and  Great  Britain— France  accepts  the  mediation— Great 
Britain  holds  a  correspondence  on  the  subject  for  some  months — Refuses  to  have 
her  disputes  with  the  Americans  brought  into  the  negociations— Rejects  the  final 
proposition  of  Spain — King  of  Spain  joins  France  in  the  war,  June,  1779— This  in 
pursuance  of  a  secret  treaty  made  in  April  preceding — Manifestoes  issued  both  by 
France  and  Spain — Answered  by  Great  Britain — Pending  this  mediation  the  British 
minister  through  Mr.  Hartley,  again  sounds  Dr.  Franklin  at  Paris,  on  the  subject 
of  reconciliation— Mr.  Hartley  with  this  view  submits  to  him  certain  preliminary 
propositions— Not  acceded  to— Object  of  the  British  minister  to  break  the  alliance 
between  the  United  States  and  France— Congress  informed  of  the  offered  media 
tion  of  Spain  by  the  French  minister-— Subject  referred  to  a  committee— Committee 
report  instructions-  to  be  given  to  an  American  minister  to  negociate  peace— These 
instructions  create  long  debates  and  great  divisions  in  congress— Particularly  about 
the  fisheries,  the  boundaries  and  the  navigation  of  the  Mississippi— Terms  relative 
to  peace  ultimately  settled  in  congress — The  use  of  the  fisheries  and  the  navigation 
of  the  Mississippi  not  made  ultimata — No  treaty  of  commerce  to  be  made  with 
Great  Britain,  without  a  stipulation  on  her  part  not  to  disturb  the  Americans  in  ta 
king  fish  on  the  banks  of  Newfoundland,  &c. 

THE  French  court,  soon  after  the  completion  of  the  treaties  with 
America,  sent  a  minister  plenipotentiary  to  the  United  States,  ac 
companied  with  a  powerful  fleet.  The  immediate  object  of  the 
naval  force  was,  to  shut  up  the  British  fleet  in  the  Delaware. 
Aware  of  this,  the  British  commissioners  brought  secret  orders 
for  the  immediate  evacuation  of  Philadelphia.  In  pursuance  of 
these  orders,  the  British  army  left  that  city  on  the  18th  of  June, 
and  returned  to  New  York,  through  New  Jersey.  On  their  way 
they  were  attacked  by  the  Americans,  and  a  severe  engagement 
took  place  at  Monmouth,  in  which  both  sides  claimed  the  vic 
tory.  Though  the  French  fleet,  consisting  of  twelve  ships  of  the 


POLITICAL  AND  CIVIL  HISTORY,  &c.  61 

line  and  six  frigates,  sailed  from  Toulon  on  the  1 3th  of  April,  yet 
in  consequence  of  calms  and  head  winds,  it  did  not  reach  the 
American  coast  till  the  6th  of  July,  a  few  days  after  the  British 
ships  left  the  Delaware.  With  this  fleet  came  Mr.  Gerard,  min 
ister  from  the  court  of  France.  The  first  appearance  of  an  en 
voy  from  one  of  the  greatest  powers  in  Europe,  was  highly  grati 
fying  to  the  people  of  America.  He  was  received  with  every  mark 
of  attention,  and  his  first  audience  was  attended  with  much  cer 
emony.  As  the  executive  as  well  as  legislative  power  was  vest 
ed  in  congress,  communications  between  that  body,  and  the  min 
ister,  were  either  by  select  committees,  or  by  the  members  them 
selves  in  a  body.  In  the  first  mode,  the  substance  of  the  confer 
ence  was  reported  to  congress,  and  in  the  second,  the  communi 
cations  of  the  minister  were  taken  down  in  writing  in  committee 
of  the  whole,  and  reported  to  the  house.  These  modes  of  com 
munication  resulted  from  the  organization  of  the  general  govern 
ment,  but  were  not  well  calculated  for  secrecy  or  despatch. 

Soon  after  the  arrival  of  the  French  plenipotentiary,  congress  de 
termined  to  send  a  minister  of  a  similar  grade  to  represent  the  Uni 
ted  States  at  the  court  of  France ;  and  on  the  1 4th  of  September, 
Dr.  Franklin,  then  at  the  advanced  age  of  seventy  one,  was  ap 
pointed.  He  was,  among  other  things,  instructed,  "to  assure  the 
king  and  his  minister,  that  neither  the  congress,  nor  any  "of  the 
states  they  represent,  have  at  all  swerved  from  their  determination 
to  be  independent,  in  July,  1 776.  But  as  the  declaration  was'made 
in  the  face  of  the  most  powerful  fleet  and  army,  which  could  have 
been  expected  to  operate  against  them,  and  without  the  slightest 
assurance  of  foreign  aid,  so,  though  in  a  defenseless  situation,  and 
harrassed  by  the  secret  machinations  and  designs  of  intestine 
foes,  they  have,  under  the  exertions  of  that  force,  during  those 
bloody  campaigns  persevered  in  their  determination  to  be  free : 
and  that  they  have  been  inflexible  in  this  determination,  notwith 
standing  the  interruption  of  their  commerce,  the  great  sufferings 
they  have  experienced  from  the  want  of  those  things  which  it 
procured,  and  the  unexampled  barbarity  of  their  enemies. 

"  You  are  to  give,"  they  say,  "  the  most  pointed  and  positive 
assurances,  that  although  the  congress  are  earnestly  desirous  of 


£2  POLITICAL  AND  CIVIL  HISTORY 

peace,  as  well  to   arrange  their  finances,   and  recruit   the  ex 
hausted  state  of  their  country,  as  to  spare  the  further  effusion  of 
blood,  yet  they  will  faithfully  perform   their  engagements,   and 
afford  every  assistance  in  their  power  to  prosecute  the  war  for  the 
great  purpose  of  the  alliance. 

"  You  shall  constantly  inculcate  the  certainty  of  ruining  the 
British  fisheries,  on  the  banks  of  Newfoundland,  and  consequent 
ly,  the  British  marine,  by  reducing  Halifax  and  Quebec  ;  since  by 
that  means  they  would  be  exposed  to  alarm  and  plunder,  and  de 
prived  of  the  necessary  supplies  formerly  drawn  from  America. 

"  The  plan  proposed  by  congress  for  compassing  these  objects 
is  herewith  transmitted  for  your  more  particular  instruction. 

"  You  are  to  lay  before  the  court  the  deranged  state  of  the 
finances,  together  with  the  causes  thereof;  and  show  the  neces 
sity  of  placing  them  on  a  more  respectable  footing,,  in  order  to 
prosecute  the  war  with  vigor  on  the  part  of  America. 

"  You  are,  by  every  means  in  your  power,  to  promote  a  perfect 
harmony,  concord,  and  good  understanding,  not  only  between 
the  allied  powers,  but  also* between  and  among  their  subjects, 
that  the  connection  so  favorably  begun  may  be  perpetuated. 

"You  shall,  in  all  things,  take  care,  not  to  make  any  engage 
ments  or  stipulations,  on  the  part  of  America,  without  the  consent 
of  America  previously  obtained.* 

The  project  of  reducing  Canada  was  brought  before  congress, 
soon  after  the  arrival  of  the  French  minister,  and  was  warmly 
supported,  if  not  suggested  by  him.  A  detailed  plan  for  effecting 
this  object,  was  arranged  by  congress  in  October,  and  accompa 
nied  the  instructions  of  the  American  minister  to  France.  Large 
bodies  of  troops  were  to  be  collected  at  several  points  near  the 
frontiers  of  that  province,  and  in  the  en-suing  campaign,  the  dif 
ferent  posts  of  Detroit,  Niagara,  Oswego,  and  Montreal,  were  to 
be  attacked  at  the  same  time  ;  and  in  the  reduction  of  Quebec 
and  Halifax,  a  French  fleet  and  army  were  to  co-operate.  The 
advantages  to  be  derived  from  the  execution  of  this  measure,  both 
to  France  and  the  United  States,  were  stated  .in  the  plan  itself; 

•*  Note  3. 


OF  THE  UNITED  STATES.  63 

"The  importance  to  France,"  congress  say,  "is  derived  from 
the  following  considerations : 

"  1.  The  fishery  of  Newfoundland  is  justly  considered  as  the 
basis  of  a  good  marine. 

"2.  The  possession  of  these  two  places  (Quebec  and  Halifax) 
necessarily  secures  to  the  party  and  their  friends,  the  island  and 
fisheries. 

"  3.  It  will  strengthen  her  allies,  and  guarantee  more  strongly 
their  freedom  and  independence. 

"  4.  It  will  have  an  influence  in  extending  the  commerce  of 
France,  and  restoring  her  to  a  share  of  the  fur  trade,  now  mo 
nopolized  by  Great  Britain. 

"  The  importance  to  America  results  from  the  following  consid 
erations  : 

"  1 .  The  peace  of  their  frontiers. 
"  2.  The  arrangement  of  their  finances. 
"  3.  The  accession  of  two  states  to  the  union. 
"  4.  The  protection  and  security  of  their  commerce. 
"  5.  That  it  will  enable  them  to  bend  their  whole  attention  and 
resources  to  the  erection  of  a  marine,  which  will  at  once  serve 
and  assist  their  allies. 

"  G.  That  it  will  secure  the  fisheries  to  the  United  States  and 
France  their  ally,  to  the  total  exclusion  of  Great  Britain.* 

The  marquis  de  la  Fayette  was  to  go  to  France  and  urge  the 
co-operation  of  the  French  court  in  the  execution  of  this  project. 
The  plan  itself  was  transmitted  to  general  Washington  for  his 
observations.  The  general  was  of  opinion,  that  it  was  too  com 
plicated  and  hazardous,  as  well  as  too  extensive  for  the  finances 
of  the  United  States,  and  could  not  be  undertaken  with  a  rea 
sonable,  much  less  a  certain  prospect  of  success.  His  obser 
vations  were  communicated  to  congress  on  the  llth  of  Novem 
ber.  The  members  of  that  body  were  not  easily  induced  to  re 
linquish  a  favorite  measure  ;  particularly  if  France  should  be 
disposed  to  carry  it  into  effect.  On  a  report  of  a  committee, 
therefore,  to  whom  the  observations  of  the  general  were  refer 

*  SecTret  Journals  of  Congress,  volume  2,  pp.  1M,  1 15-— and  Note  -1. 


64  POLITICAL  AND  CIVIL  HISTORY 

red,  they  were  still  of  opinion,  that  he  "  should  be  directed  to 
write  to  the  marquis  de  la  Fayette  upon  the  subject ;  and  also  to 
write  to  the  minister  of  the  states  very  fully,  in  order  that  eventu 
al  measures  may  be  taken,  in  case  an  armament  should  be  sent 
from  France  to  Quebec,  to  co-operate  therewith  to  the  utmost 
degree  which  the  finances  of  the  states  would  admit."  In  reply 
to  the  second  communication  on  this  subject,  the  general  said, 
"  The  earnest  desire  I  have  strictly  to  comply,  in  every  instance 
with  the  views  and  instructions  of  congress,  cannot  but  make  me 
feel  the  greatest  uneasiness,  when  I  find  myself  in  circumstances 
of  hesitation  or  doubt,  with  respect  to  directions.  But  the  perfect 
confidence  I  have  in  the  justice  and  candor  of  that  honorable 
body,  emboldens  me  to  communicate  without  reserve,  the  diffi 
culties  which  occur  in  the  execution  of  their  present  order ;  and 
the  indulgence  I  have  experienced  on  every  former  occasion,  in 
duces  me  to  imagine  that  the  liberty  I  now  take  will  riot  meet 
with  disapprobation. 

"  I  have  attentively  taken  up  the  report  of  the  committee  of 
the  fifth  (approved  by  congress)  on  the  subject  of  my  letter  of  the 
llth  ultimo,  on  the  proposed  expedition  into  Canada.  I  have 
considered  it  in  several  lights,  and  sincerely  regret  that  I  should 
feel  myself  under  any  embarrassment  in  carrying  it  into  execu 
tion.  I  still  remain  of  opinion,  from  a  general  review  of  things, 
and  the  state  of  our  resources,  that  no  extensive  system  of  co-op 
eration  with  the  French,  for  the  complete  emancipation  of  Cana 
da,  can  be  positively  decided  on,  for  the  ensuing  year.  To  pro 
pose  a  plan  of  perfect  co-operation  with  a  foreign  power,  without 
a  moral  certainty  in  our  supplies  ;  and  to  have  that  plan  actually 
ratified  with  the  court  of  Versailles,  might  be  attended,  in  case  of 
failure  in  the  condition  on  our  part,  with  very  fatal  effects. 

"  If  I  should  seem  unwilling  to  transmit  the  plan  as  prepared 
by  congress,  with  my  observations,  it  is  because  I  find  myself  un 
der  a  necessity  (in  order  to  give  our  minister  sufficient  ground  to 
form  an  application  upon)  to  propose  something  more  than  a 
vague  and  indecisive  plan ;  which,  even  in  the  event  of  a  total 
evacuation  of  the  stajtes  by  the  enemy,  may  be  rendered  imprac- 


OF  THE  UNITED  STATES.  65 

ticable  in  the  execution  by  a  variety  of  insurmountable  obstacles ; 
or  if  I  retain  my  present  sentiments  and  act  consistently,  I  must 
point  out  the  difficulties,  as  they  appear  to  me,  which  must  em 
barrass  his  negociations,  and  may  disappoint  the  views  of  con 
gress. 

"  But  proceeding  on  the  idea  «of  the  enemy's  leaving  these 
states,  before  the  active  part  of  the  ensuing  campaign,  I  should 
fear  to  hazard  a  mistake,  as  to  the  precise  aim  and  extent  of  the 
views  of  congress.  The  conduct  I  am  to  observe  in  writing  to  our 
minister  at  the  court  of  France,  does  not  appear  sufficiently  de 
lineated.  Were  I  to  undertake  it,  I  should  be  much  afraid  of 
erring  through  misconception.  In  this  dilemma,  I  would  esteem 
it  a  particular  favor  to  be  excused  from  writing  at  all  on  the  sub 
ject,  especially  as  it  is  the  part  of  candor  in  me  to  acknowledge, 
that  I  do  not  see  my  way  clear  enough  to  point  out  such  a  plan 
for  co-operation,  as  I  conceive,  to  be  consistent  with  the  ideas  of 
congress,  and  will  be  sufficiently  explanatory,  with  respect  to  time 
and  circumstances  to  give  efficiency  to  the  measure. 

"  But  if  congress  still  think  it  necessary  for  me  to  proceed  in 
the  business,  I  must  request  their  more  definite  and  explicit  in 
structions,  and  that  they  will  permit  me,  previous  to  transmitting 
the  intended  despatches,  to  submit  them  to  their  determination. 

"  I  could  wish  to  lay  before  congress  more  minutely  the  state  of 
the  army,  the  condition  of  our  supplies,  and  the  requisites  neces 
sary  for  carrying  into  execution  an  undertaking  that  may  involve 
the  most  serious  events.  If  congress  think  this  can  be  done  more 
satisfactorily  in  a  personal  conference,  I  hope  to  have  the  army  in 
such  a  situation  before  I  can  receive  their  answer,  as  to  afford 
me  an  opportunity  of  giving  my  attendance."* 

A  committee  was  appointed  to  confer  with  the  commander  in 
chief,  agreeably  to  his  suggestion,  relative  to  the  operations  of 
the  ensuing  campaign,  and  particularly  on  the  proposed  plan  for 
the  emancipation  of  Canada,  in  co-operation  with  an  armament 
from  France.  On  the  first  of  January,  1779,  the  committee  in 
reporting  the  result  of  this  important  conference,  say,  "  That  ini- 
*  Marshall's  Life  of  Washington,  vol.  3,  pp.  577,  578,  579, 

VOL.  II.  9 


66  POLITICAL  AND  CIVIL  HISTORY 

pressed  with  a  strong  sense  of  the  injury  and  disgrace  which 
must  attend  an  infraction  of  the  proposed  stipulation  on  the  part 
of  these  states,  your  committee  have  taken  a  general  review  of 
our  finances  ;  of  the  circumstances  of  our  army  ;  of  the  maga 
zines  of  clothing,  artillery,  arms  and  ammunition ;  and  of  the 
provisions  in  store,  and  which-can  be  collected  in  season.  Your 
committee  have,  also,  attentively  considered  the  intelligence  and 
observations  communicated  to  them  by  the  commander  in  chief, 
respecting  the  number  of  troops  and  strong  holds  of  the  enemy 
in  Canada,  their  naval  force,  and  entire  command  of  the  water 
communication  with  that  country  ;  the  difficulties,  while  they 
possess  such  signal  advantages,  of  penetrating  it  with  an  army 
by  land  ;  the  obstacles  which  are  to  be  surmounted  in  acquiring 
a  naval  superiority  ;  the  hostile  temper  of  many  of  the  surround 
ing  Indian  tribes  towards  these  states  ;  and  above  all,  the  uncer 
tainty  whether  the  enemy  will  not  persevere  in  their  system  of 
harrassing  and  distressing  our  sea-coast  and  frontiers  by  a  preda 
tory  war.  That  upon  the  most  mature  deliberation,  your  com 
mittee  cannot  find  room  for  a  well  grounded  presumption,  that 
these  states  will  be  able  to  perform  their  part  of  the  proposed 
stipulations.  That,  in  a  measure  of  such  moment,  and  calculat 
ed  to  call  forth,  and  divert  to  a  single  object,  a  considerable  pro 
portion  of  the  force  of  an  ally,  which  may  otherwise  be  essentially 
employed,  nothing  less  than  the  highest  probability  of  its  success 
would  justify  congress  in  making  the  proposition. 

"  Your  committee  are,  therefore,  of  opinion,  that  the  negocia- 
tions  in  question  however  desirable  and  interesting,  should  be 
deferred  till  circumstances  should  render  the  co-operation  of 
these  states  more  certain,  practicable  and  effectual.'1*  Though 
the  reasons  of  the  commander  in  chief,  publicly  communicated 
to  congress,  were  in  themselves  conclusive  against  the  measure, 
yet  other  reasons  of  a  delicate  nature,  had  no  little  weight  with 
him.  He  had  serious  apprehensions,  that  if  Canada  should  be 
conquered  by  the  aid  of  French  troops,  its  inhabitants  being 
mostly  French,  might,  wish  to  return  to  their  former  allegiance  ; 

*  Secret  Journals  of  Congress,  vol.  2,  pp.  127, 128. 


OF  THE  UNITED  STATES.  67 

*nd  that  the  temptation  to  retain  an  old  and  favorite  province, 
would  be  too  great  to  be  resisted  on  the  part  of  France. 

These  apprehensions  were  communicated  by  general  Washing 
ton,  to  a  member  of  congress,  in  a  private  letter  of  the  14th  of 
November. 

"  The  question  of  the  Canada  expedition,"  says  the  general, 
"  as  it  now  stands,  appears  to  me  one  of  the  most  interesting  that 
has  ever  agitated  our  national  deliberations. 

"  I  have  one  objection  to  it,  untouched  in  my  public  letter, 
which  is,  in  my  estimation,  unsurmountable,  and  claims  all  my 
feelings,  for  the  true  and  permanent  interest  of  my  country.  This 
is  the  introduction  of  a  large  body  of  French  troops  into  Canada, 
and  putting  them  into  the  possession  of  the  capital  of  that  pro 
vince,  attached  to  them  by  the  ties  of  blood,  habits,  manners,  re 
ligion  and  former  connections  of  government,  I  fear  this  would  be 
too  great  a  temptation  to  be  resisted,  by  any  power  actuated  by 
the  common  maxims  of  national  policy.  Canada  would  be  a 
solid  acquisition  to  France,  on  all  accounts  ;  and  because  of  the 
numerous  inhabitants,  subjects  to  her  by  inclination,  who  would 
aid  in  preserving  it  under  her  power,  against  the  attempt  of  any 
other,  France,  it  is  apprehended,  would  have  it  in  her  power  to 
give  law  to  these  states. 

"  Let  us  suppose,  that  when  the  five  thousand  troops,  (under 
the  idea  of  that  number,  twice  as  many  might  be  introduced) 
were  entered  into  the  city  of  Quebec,  they  should  declare  an  in 
tention  to  hold  Canada  as  a  pledge  and  surety  for  the  debts  due 
to  France  by  the  United  States.  It  is  a  maxim  founded  on  the 
universal  experience  of  mankind,  that  no  nation  is  to  be  trusted 
farther  than  it  is  bound  by  its  interests  ;  and  no  prudent  states 
man  or  politician  will  venture  to  depart  from  it.  If  France  should 
even  engage  in  the  scheme,  in  the  first  instance,  with  the  purest 
intentions  ;  invited  by  circumstances,  she  could  alter  her  views. 
As  the  marquis  clothed  his  proposition,  when  he  spake  of  it  to 
me,  it  would  seem  to  originate  wholly  from  himself;  but  it  is  not 
impossible,  that  it  had  its  birth  in  the  cabinet  of  France,  and  was 
put  into  this  artful  dress  to  give  it  a  readier  currency.  I  fancy  I 


68  POLITICAL  AND  CIVIL  HISTORY 

read  in  the  countenance  of  some  people,  on  this  occasion,  more 
than  the  interested  zeal  of  allies.  I  hope  I  am  mistaken,  and 
that  my  fears  of  mischief  make  me  refine  too  much  and  awaken 
jealousies,  that  have  no  sufficient  foundation."* 

Congress  directed  a  letter  to  be  written  to  the  marquis  de  la 
Fayette,  who  had  gone  to  France,  apprizing  him  that  on  account 
of  the  exhausted  state  of  the  resources,  and  the  deranged  state 
of  the  finances  of  the  United  States,  as  well  as  from  more  exten 
sive  and  accurate  information  concerning  Canada,  they  did  not 
judge  it  prudent  or  just,  to  enter  into  engagements  with  their 
allies,  for  the  emancipation  of  that  province. 

It  was  natural  that  France  should  wish  to  see  Canada,  as  well 
as  the  rest  of  America,  separated  from  Great  Britain,  and  that 
she  should  be  willing  to  unite  in  measures  to  effect  that  object. 
Count  de  Estaing,  the  commander  of  the  French  fleet,  had  or 
ders,  to  invite  the  Canadians  to  join  the  United  States,  and  to 
renounce  the  domination  of  their  new  masters  ;  and  even  to  pro 
mise  them  the  protection  of  their  former  sovereign. 

In  pursuance  of  these  orders,  on  the  28th  of  October,  1778,  he 
published  a  declaration,  addressed,  in  the  name  of  the  king  of 
France,  "  to  all  the  ancient  French  in  Canada,  and  every  other 
part  of  North  America;"  calling  upon  them,  not  only  in  the 
name  of  the  French  king,  but  in  the  name  of  every  thing  dear  to 
Frenchmen,  to  join  the  United  States,  and  renounce  the  authori 
ty  of  Great  Britain,  promising  them  protection  and  support. 
After  adverting  to  their  former  and  present  situation,  the  count 
thus  concludes : 

"I  shall  not  ask  the  military  companions  of  the  marquis  of  Levi, 
those  who  shared  his  glory,  who  admired  his  talents  and  genius 
for  war,  who  loved  his  cordiality  and  frankness,  the  principal 
characteristics  of  our  nobility,  whether  there  be  other  names  in 
other  nations,  among  which  they  would  be  better  pleased  to 
place  their  own. 

"  Can  the  Canadians  who  saw  the  brave  Montcalm  fall  in  their 
defense,  can  they  become  the  enemies  of  his  nephews  ?  Can 

*  Life  of  Washington  by  John  Kingston  and  Gordon. 


OF  THE  UNITED  STATES.  69 

they  fight  against  their  former  leaders,  and  arm  themselves 
against  their  kinsmen  ?  At  the  bare  mention  of  their  names,  the 
weapons  would  fall  out  of  their  hands. 

"  I  shall  not  observe  to  the  ministers  of  the  altars,  that  their 
evangelical  efforts  will  require  the  special  protection  of  provi 
dence,  to  prevent  faith  being  diminished  by  example,  by  worldly 
interest,  and  by  sovereigns  whom  force  has  imposed  upon  them, 
and  whose  political  indulgence  will  be  lessened  proportionally 
as  those  sovereigns  shall  have  less  to  fear.  Shall  not  observe, 
that  it  is  necessary  for  religion,  that  those  who  preach  it,  should 
form  a  body  in  the  state,  and  that  in  Canada  no  other  body 
would  be  more  considered,  or  have  more  power  to  do  good  than 
that  of  the  priests1  taking  a  part  in  the  government,  since  their 
respectable  conduct  has  merited  the  confidence  of  the  people. 

"  I  shall  not  represent  to  that  people,  nor  to  all  my  country 
men  in  general,  that  a  vast  monarchy,  having  the  same  religion, 
the  same  manners,  the  same  language,  where  they  find  kinsmen, 
old  friends  and  brethren,  must  be  an  inexhaustable  source  of 
commerce  and  wealth,  more  easily  acquired  and  secured  by 
their  union  with  powerful  neighbors,  than  with  strangers  of  an 
other  hemisphere,  among  whom  every  thing  is  different,  and  who, 
jealous  and  despotic  governments,  would  sooner  or  later  treat 
them  as  a  conquered  people,  and  doubtless  much  worse  than 
their  countrymen  the  Americans,  who  made  them  victorious.  I 
shall  not  urge  to  a  whole  people,  that  to  join  with  the  United  States 
is  to  secure  their  own  happiness  ;  since  a  whole  people  when  they 
acquire  the  right  of  acting  and  thinking  for  themselves,  must 
know  their  own  interest ;  but  I  will  declare  and  I  now  formally 
declare,  in  the  name  of  his  majesty,  who  has  authorized  and 
commanded  me  to  do  it,  that  all  his  former  subjects  in  North 
America,  who  shall  no  more  acknowledge  the  supremacy  of  Great 
Britain,  may  depend  upon  his  protection  and  support."* 

After  the  conclusion  of  the  treaties  with  France,  the  aid  and 
co-operation  of  Spain,  was  confidently  expected  by  the  Ameri 
cans  ;  and  her  accession  to  the  treaties,  agreeably  to  the  secret 

*  Annual  Register  for  1779,  and  Note  5. 


70  POLITICAL  AND  CIVIL  HISTORY 

article,  was  earnestly  solicited.  This  was  refused  on  the  part  of 
his  catholic  majesty.  Though  desirous  of  reducing  the  power  of 
Great  Britain,  by  the  independence  of  her  North  American  colo 
nies,  the  king  of  Spain  was  unwilling  to  be  instrumental  in  effect 
ing  this,  without  some  security  against  the  probable  consequen 
ces  to  his  own  extensive  possessions  in  American,  bordering  on 
those  colonies. 

The  security  required  by  the  Spanish  court  was,  an  exclusive 
right  to  the  navigation  of  the  river  Mississippi,  and  a  relinquish- 
ment  of  all  claim,  on  the  part  of  the  Americans,  to  the  country 
west  of  the  Alleghany  mountains  ;  and  the  king  of  Spain  was 
highly  displeased  with  his  most  Christian  majesty,  for  concluding 
treaties  with  the  United  States,  without  having  insisted  on  this 
security.* 

He,  however,  offered  his  mediation  between  France  and  Great 
Britain  ;  and  the  United  States  were  to  be  included  in  any  nego- 
ciations  for  peace,  which  might  be  the  consequence.  This  me 
diation  was  readily  accepted  on  the  part  of  France,  and  was  lis 
tened  to  by  Great  Britain.  Neither  party,  however,  could  have 
entertained  a  serious  thought  that  peace  could  result  from  the 
mediation  of  a  power,  so  closely  connected  with  France,  by  the 
ties  of  blood,  as  well  as  by  feeling,  interest,  and  by  compact.  In 
making  the  offer,  Spain  had  two  objects  in  view,  the  one,  to  pre 
pare  her  maritime  force,  the  other,  and  probably,  not  the  least 
important,  to  draw  from  the  Americans  an  explicit  declaration 
concerning  their  claims  to  the  western  country,  and  the  navigation 
of  the  Mississippi.  Great  Britain  was  willing  to  prevent  an  im 
mediate  junction  of  the  house  of  Bourbon  against  her  ;  and  she 
did  not  yet  relinquish  the  hope  of  breaking  the  alliance  between 
France  and  the  United  States.  A  correspondence  on  the  subject 
of  the  mediation  was  kept  up,  between  the  courts  of  London  and 
Madrid,  about  eight  months  ;  in  which  each  accused  the  other  of 
a  want  of  sincerity  and  good  faith. 

The  final  propositions  made  to  the  courts  of  Paris  and  London, 
by  his  catholic  majesty,  in  his  character  of  mediator,  were,  "  that 
*  See  Histoire  de  Diplomatic  Francaise,  &c.  vol.  7. 


OF  THE  UNITED  STATES.  71 

there  shall  be  a  suspension  of  arms  with  France,  without  limita 
tion,  and  under  this  condition — that  neither  of  the  belligerent 
powers  shall  break  it  without  giving  the  other  one  year's  previous 
notice.  That  with  a  view  that  this  suspension  of  hostilities  may 
re-establish  reciprocal  security  and  good  faith  between  the  two 
crowns,  there  shall  be  a  general  disarming  within  one  month,  in 
all  the  European  ;  within  four,  in  those  of  America  ;  and  within 
eight  or  one  year,  in  the  most  remote  parts  of  Africa  and  Asia. 
That  in  the  space  of  one  month  a  place  shall  be  fixed  upon,  in 
which  the  plenipotentiaries  of  the  two  courts  shall  meet  to  treat 
of  a  definitive  adjustment  of  peace,  regulate  the  respective  resti 
tutions  or  compensations  necessary  in  consequence  of  the  repri 
sals  that  have  been  made  without  any  declaration  of  war,  and  to 
settle  such  matters  of  complaint  or  pretensions,  as  the  one 
crown  may  have  against  the  other ;  to  the  accomplishment  of 
which  end,  the  king  will  continue  his  mediation  ;  and  does  now, 
for  the  holding  of  this  congress,  make  an  offer  of  the  city  of  Ma 
drid.  That  a  like  suspension  of  hostilities  shall  be  separately 
granted  by  the  king  of  Great  Britain  to  the  American  colonies, 
through  the  intercession  and  mediation  of  his  catholic  majesty,  to 
whom  the  king  of  Great  Britain  shall  promise  the  observance 
thereof,  and  with  the  condition  not  to  break  it,  without  giving  his 
majesty  one  year's  previous  notice,  in  order  that  he  may  commu 
nicate  the  same  to  the  said  American  provinces  :  and  that  there 
be  a  reciprocal  disarming,  the  same  as  with  France,  in  the  same 
time  and  places,  regulating  the  limits  that  shall  not  be  passed  by 
the  one  or  the  other  party,  with  respect  to  the  places  they  re 
spectively  occupy  at  the  time  of  ratifying  this  arrangement.  That 
for  the  purpose  of  settling  these  particulars  and  others  relative  to 
the  stability  of  the  said  suspension,  and  the  effects  it  may  produce 
while  it  subsists,  there  shall  be  sent  to  Madrid  one  or  more  com 
missaries  on  behalf  of  the  colonies  ;  and  his  Britannic  majesty- 
shall  also  send  his,  under  the  mediation  of  the  king,  if  necessary  ; 
and  that  in  the  mean  time,  the  colonies  shall  be  treated  as  inde 
pendent  in  fact. 

"  Finally,  in  case  all  the  belligerent  powers,  or  any  one  of  them, 
or  if  only  the  said  colonies  demand  that  the  treaties  or  agree- 


72  POLITICAL  AND  CIVIL  HISTORY 

ments,  which  shall  be  concluded,  be  guarantied  by  these  powers 
and  by  Spain,  the  same  shall  be  done.  And  the  catholic  king 
now  makes  an  offer  of  his  guarantee  to  these  preliminaries." 

The  answer  of  the  court  of  London,  to  this  ultimatum,  dated 
May  4th,  1779,  was,  that  "  the  propositions  of  the  catholic  king 
tend  directly  to  the  end  which  Spain  had  proposed  to  form,  from 
the  pretensions  of  the  colonies  to  independence,  one  common 
cause  with  them  and  with  France.  If  the  conditions  which  the 
court  of  Versailles  had  communicated  to  his  catholic  majesty,  do 
not  present  a  better  aspect  than  this  for  the  treaty,  or  do  not  offer 
less  imperious  and  less  unequal  terms,  the  king  of  Great  Britain 
has  only  to  lament  that  he  finds  the  hopes  frustrated,  which  he 
had  always  conceived,  of  a  happy  restoration  of  peace,  as  well  for 
his  own  subjects,  as  the  world  in  general."* 

As  the  court  of  London  had  previously  informed  his  catholic 
majesty,  that,  in  the  proposed  negociations,  France  would  not  be 
permitted  to  mingle,  "  the  interests  of  those,  she  affected  to  call 
her  allies  ;"  the  answer  to  these  final  propositions  must  have  been 
anticipated  by  the  Spanish  court.  The  receipt  of  this  answer 
was,  therefore,  followed  by  a  note  bearing  date  the  16th  of  June, 
1779,  from  the  Spanish  ambassador,  to  the  British  secretary 
of  state,  amounting  to  a  declaration  of  war  ;  and  in  two  days 
after,  orders  for  reprisals  were  issued  by  the  British  king.  This 
declaration  of  war  by  Spain,  was  in  consequence  of  a  secret 
treaty  between  his  catholic  majesty  and  the  king  of  France,  con 
cluded  on  the  12th  of  April  preceding. 

This  treaty  has  never  been  published,  and  its  terms  are  not 
precisely  known.  There  can  be  little  doubt,  that  it  was  a  renew 
al  of  the  family  compact ;  and  in  all  probability  contained,  also,, 
assurances  of  aid,  on  the  part  of  France,  in  securing  to  Spain  her 
American  possessions. 

Manifestoes  were  soon  issued  by  the  courts  of  France  and 
Spain,  in  vindication  of  their  conduct,  in  relation  to  the  Ameri 
cans.  These  were  soon  followed  by  a  justifying  memorial,  ot* 

*  Secret  Journals  of  Congress,  vol.  2,  pp.  301, 302, 303, 


OF  THE  UNITED  STATED.  73 

the  part  of  Great  Britain.*  Alluding  to  the  secret  manner,  in 
which  France  had  encouraged  the  Americans,  the  British  king 
says — "  as  soon  as  the  revolted  colonies  had  completed  their 
criminal  enterprize,  by  an  open  declaration  of  their  pretended 
independence,  they  thought  to  form  secret  connections  with  the 
powers  least  favorable  to  the  interests  of  their  mother  country  ; 
and  to  draw  from  Europe  those  military  aids,  without  which  it 
would  have  been  impossible  for  them  to  have  supported  the  war 
they  had  undertaken.  Their  agents  endeavored  to  penetrate 
into,  and  settle  in  the  different  states  of  Europe ;  but  it  was  only 
in  France,  that  they  found  an  asylum,  hopes,  and  assistance.  It 
is  beneath  the  king's  dignity  to  enquire  into  the  nature  of  the  cor 
respondence,  that  they  had  the  address  to  contract  with  the  court 
of  Versailles,  and  of  which  the  public  effects  were  soon  visible,  in 
the  general  liberty,  or  rather  unbounded  licence  of  an  illegitimate 
commerce.  It  is  well  known,  that  the  vigilance  of  the  laws  can 
not  always  prevent  artful  illicit  traders,  who  appear  under  a  thou 
sand  different  forms,  and  whose  avidity  for  go.iu  makes  them  brave 
every  danger,  and  elude  every  precaution :  but  the  conduct  of 
the  French  merchants,  who  furnished  America  not  only  with  use 
ful  and  necessary  merchandize,  but  even  with  salt-petre,  gun 
powder,  ammunition,  arms,  and  artillery,  loudly  declared,  that 
they  were  assured,  not  only  of  impunity,  but  even  of  the  protec 
tion  and  favor  of  the  ministers  of  the  court  of  Versailles. 

"  An  enterprise  so  vain  and  so  difficult,  as  that  of  hiding  from 
the  eyes  of  Great  Britain,  and  of  all  Europe,  the  proceedings  of  a 
commercial  company,  associated  for  furnishing  the  Americans 
with  whatever  could  nourish  and  maintain  the  fire  of  a  revolt,  was 
not  attempted.  The  informed  public  named  the  chief  of  the  en 
terprise,  whose  house  was  established  at  Paris  ;  his  correspond 
ents  at  Dunkirk,  Nanzt,  and  Bourdeaux,  were  equally  known. 
The  immense  magazines,  which  they  formed,  and  which  they  re 
plenished  every  day,  were  laden  in  ships  that  they  built  or  bought, 
and  they  scarcely  dissembled  the  objects,  or  the  place  of  their 

•*  This  memorial  was  drawn  by  Gibbon,  the  historian,  then  one  of  the  board  ef 
trade. 

VOL.  II.  10 


74  POLITICAL  AND  CIVIL  HISTORY 

destination.  These  vessels  commonly  took  false  clearances  for 
the  French  islands  in  America,  but  the  commodities  which  com 
posed  their  cargoes  were  sufficient,  before  the  time  of  their  sail 
ing,  to  discover  the  fraud  and  artifice."* 

In  the  "  observations "  on  this  memorial,  published  by 
order  of  the  French  court,  it  is  said,  in  answer  to  this  part — 
"  It  is  true,  that  the  king  of  France  hath  promised  to  forbid  arms 
to  be  exported  to  America,  and  they  were  actually  forbidden ; 
and  whatsoever  the  English  ministry  may  say,  that  trade  was  hin 
dered  as  much  as  possible,  without  attacking  the  liberty  of  citi 
zens  ;  and  without  subjecting  commerce  to  an  inquisition,  which 
is  used  in  no  corner  of  the  globe,  and  with  which  the  English 
themselves  would  have  reproached  us,  as  an  act  of  unsufferable 
despotism.1" 

While  negociations,  in  consequence  of  the  offered  mediation, 
were  pending,  Great  Britain  attempted  to  detach  the  Americans 
from  their  alliance  with  France.  For  this  purpose,  Mr.  Hartley, 
in  the  winter  of  1779,  with  the  privity  of  lord  North,  went  to 
Paris,  to  confer  with  Dr.  Franklin. 

The  great  object  of  this  conference,  so  far  at  least,  as  the  Brit 
ish  minister  was  concerned,  was,  to  obtain  from  the  Americans  or 
from  Dr.  Franklin,  some  proposition,  as  the  ground  of  reconcilia 
tion  ;  particularly  an  offer,  on  the  part  of  the  United  States  to 
abandon  France,  and  make  a  separate  treaty  of  peace. 

With  this  view,  on  the  22d  of  April,  1779,  Mr.  Hartley,  sub 
mitted  to  Dr.  Franklin  certain  preliminary  propositions,  which 
might,  as  he  said,  lead  to  a  permanent  settlement  of  all  differ 
ences. 

These  propositions  were — 

"  1.  Five  commissioners,  (or  any  three  of  them,)  to  be  appoint 
ed,  on  the  part  of  his  Britannic  majesty,  to  treat,  consult,  and 
agree  upon  the  final  settlement  and  pacification  of  the  present 
troubles,  upon  safe,  honorable,  and  permanent  terms,  subject  to 
ratification  by  parliament. 

*  Annual  Register  for  1779,  p.  404. 


OF  THE  UNITED  STATES,  75 

"  2.  That  any  one  of  the  aforesaid  commissioners  may  be  em 
powered  to  agree,  as  a  preliminary,  to  a  suspension  of  hostilities 
by  sea  and  land,  for  a  certain  term  of  five  or  seven  years. 

"3.  That  any  one  of  the  aforesaid  commissioners  be  empower 
ed,  as  a  second  preliminary,  to  suspend  the  operation  and  effect 
of  any  and  all  acts  of  parliament  respecting  America,  for  a  certain 
term  of  five  or  seven  years. 

"  4.  That  it  is  expected,  as  a  third  preliminary,  that  America 
should  be  released,  free,  and  unengaged,  from  any  treaties  with 
foreign  powers,  which  may  tend  to  embarrass  or  defeat  the  pres 
ent  proposed  negociation. 

"  5.  That  a  general  treaty  for  negociation  shall  be  set  on  foot, 
as  soon  as  may  be,  after  the  agreement  of  the  foregoing  prelimi 
naries." 

A  dissolution  of  the  connection  between  America  and  France, 
a  connection,  which,  as  Mr.  Hartley  explicitly  told  Dr.  Franklin, 
was  "  the  great  stumbling  block,  in  the  way  of  reconciliation," 
was  the  great  object  of  these  propositions.  The  British  cabinet 
hoped,  by  an  offer,  on  the  part  of  America  or  her  minister  of 
treating  separately,  to  create  a  jealousy  and  distrust  on  the  part  of 
France.  Dr.  Franklin,  was  too  wise  and  circumspect,  as  well  as 
too  honest  and  honorable,  to  listen  for  a  moment  to  a  proposition 
of  this  kind. 

In  communicating  these  preliminaries,  Mr.  Hartley  said  to  Dr. 
Franklin,  "  I  think  the  interest  of  all  parties  coincides  with  the 
proposition  of  preliminaries.  The  proposed  preliminaries  appear 
to  me  to  be  just  and  equitable  to  all  parties  ;  but  the  great  object 
with  me  is  to  come  to  some  preliminaries ;  I  could  almost  add 
whatever  those  preliminaries  might  be,  provided  a  suspension  of 
arms  for  an  adequate  term  of  years  were  one,  I  think  it  would  be 
ten  thousand  to  one  against  any  future  renewal  of  the  war.  It  is 
not  necessary  to  enter  at  large  into  the  reasons  which  induce  me 
to  think,  that  the  British  ministry,  as  well  as  the  American  pleni 
potentiary,  would  consent  to  the  terms  of  the  proposed  prelimin 
aries  ;  for  indeed  I  do  not  know  that  I  am  founded  in  that  opin 
ion  with  respect  to  either,  but  still  I  believe  it  of  both.  But  what 


76  POLITICAL  AND  CIVIL  HISTORY 

can  a  private  person  do  in  such  a  case,  wishing  to  be  a  mediator 
for  peace,  having  access  to  both  parties,  but  equally  uncertain  of 
the  reception  of  his  mediation  on  either  side  ?  I  must  hesitate  to 
take  any  public  step,  as  by  a  proposition  in  parliament,  or  by  any 
other  means  to  drive  the  parties  to  an  explanation  upon  any  spe 
cific  proposals :  and  yet  I  am  very  unwilling  to  let  the  session 
pass  without  some  proposition,  upon  which  the  parties  may  meet, 
if  they  should  be  so  inclined,  as  I  suspect  them  to  be.  I  have 
been  endeavoring  to  feel  pulses  for  some  months,  but  all  is  dumb 
show.  I  cannot  say  that  I  meet  with  any  thing  discouraging,  to 
my  apprehension,  either  as  to  equitableness  or  practicability  of 
the  proposition  for  preliminaries.  If  I  could  but  simply  receive 
sufficient  encouragement  that  I  should  not  run  any  hazard  of  ob 
structing  any  other  practicable  propositions,  by  obtruding  mine, 
I  should  be  very  much  satisfied  to  come  forward,  in  that  case, 
with  mine,  to  furnish  a  beginning  at  least  which  might  lead  to 
peace.  There  is  nothing  that  I  wish  so  much  as  to  have  an  op 
portunity  of  seeing  and  conversing  with  you,  having  many  things 
to  say  to  you ;  but  if  that  cannot  yet  happen,  I  have  only  to  say, 
that  whatever  communication  you  may  think  proper  to  make  to 
me,  which  may  lead  to  peace,  you  may  be  assured  that  I  shall  be 
most  strenuous  in  applying  it  to  that  end.  In  all  cases  of  difficul 
ty  in  human  life,  there  must  be  confidence  somewhere  to  enable 
us  to  extricate  nations  from  the  evils  attendant  upon  national 
disputes,  as  they  arise  out  of  national  passions,  interests,  jealousies, 
and  points  of  honor.  I  am  not  sure  whether  the  extreme  caution 
and  diffidence  of  persons  in  political  life  be  not  the  cause  almost 
as  frequently  of  the  unnecessary  protraction  of  the  miseries  of  war, 
as  of  the  final  production  of  any  superior  good  to  any  state. 
Peace  now  is  better  than  peace  a  twelvemonth  hence,  at  least  by 
all  the  lives  that  may  be  lost  in  the  meanwhile,  and  by  all  the  ac 
cumulated  miseries  that  may  intervene  by  that  delay.  When  I 
speak  of  the  necessity  of  confidence,  I  would  not  have  you  to 
think,  that  I  trust  to  all  professions,  promiscuously,  with  confi 
dence  :  my  thoughts  are  free  respecting  all  parties  ;  and  for  my 
self  if  I  thought  it  necessary  for  the  end  of  attaining  any  addi- 


OF  THE  UNITED  Sf  ATES,  77 

lional  confidence  in  your  esteem,  to  enable  m^  to  co-operate  the 
more  effectually  towards  the  restoration  of  pea1?e,  there  is  noth 
ing  that  I  would  wish  you  to  be  assured  of  but  this  ;  that  no  falla 
cious  offers  of  insincerity,  nor  any  pretexts  for  covering  secret  de 
signs,  or  for  obtaining  unfair  advantages,  shall  ever  pass  through 
my  hands." 

In  answer  to  this  communication,  Dr.  Franklin  observed — 
"  I  need  not  repeat,  what  we  have  each  of  us  so  often  repeat 
ed,  the  wish  for  peace.  I  will  begin  by  frankly  assuring  you, 
that  though  I  think  a  direct,  immediate  peace,  the  best  mode 
of  present  accommodation  for  Britain  as  well  as  for  Ameri 
ca,  yet  if  that  is  not  at  this  time  practicable,  and  a  truce  is 
practicable,  I  should  not  be  against  a  truce  ;  but  this  is  merely 
on  motives  of  general  humanity,  to  obviate  the  evils  men  devil 
ishly  inflict  on  men  in  time  of  war,  and  to  lessen  as  much  as  pos 
sible,  the  similarity  of  earth  and  hell.  For  with  regard  to  partic 
ular  advantages,  respecting  the  states  I  am  connected  with,  I  am 
persuaded  it  is  theirs  to  continue  the  war,  till  England  shall  be  re 
duced  to  that  perfect  impotence  of  mischief,  which  alone  can  pre 
vail  with  her  to  let  other  nations  enjoy,  *  peace,  liberty,  and  safe- 
tyS  I  think,  however,  that  a  short  truce,  which  must,  therefore, 
be  an  armed  truce,  and  put  all  parties  to  an  almost  equal  expense 
with  a  continued  war,  is  by  no  means  desirable.  But  this  pro 
position  of  a  truce,  if  made  at  all,  should  be  made  to  France,  at 
the  same  time  it  is  made  to  America.  They  have  each  of  them 
too  much  honor,  as  well  as  too  much  sense,  to  listen  separately 
to  any  propositions  which  tend  to  separate  them  from  each  oth 
er.  I  will  now  give  you  my  thoughts  on  your  ideas  of  a  negocia- 
tion,  in  the  order  you  have  placed  them.  If  you  will  number  them 
in  your  copy,  you  will  readily  see  to  which  my  observations  refer, 
and  I  may,  therefore,  be  more  concise. 

"  To  the  first.  I  do  not  see  the  necessity  or  use  of  five  commis 
sioners.  A  number  of  talkers  lengthen  discussions,  and  often  em 
barrass  instead  of  aiding  a  settlement.  Their  different  particular 
views,  private  interests  and  jealousies  of  each  other,  are  likewise, 
so  many  rubs  in  the  way,  and  it  sometimes  happens  that  a  num- 


73  POLITICAL  AND  CIVIL  HISTORY 

ber  cannot  agree  Jo  what  each  privately  thinks  reasonable,  and 
would  have  agreeft  to,  or  perhaps  proposed  if  alone.  But  this  as 
the  parties  please. 

"  To  the  second.  The  term  of  twenty  one  years,  would  be  bet 
ter  for  all  sides.  The  suspension  of  hostilities  should  be  expres 
sed  to  be,  between  all  parties  at  war  :  and  that  the  British  troops 
and  ships  of  war  now  in  any  of  the  United  States  be  withdrawn. 
"  To  the  third.  This  seems  needless,  and  is  a  thing  that  may 
be  done  or  omitted  as  you  please.  America  has  no  concern 
about  those  acts  of  parliament. 

"  To  the  fourth.  The  reason  of  proposing  this  is  not  under 
stood,  nor  the  use  of  it,  nor  what  inducement  there  can  be  for  us 
to  agree  to  it.  When  you  come  to  treat  with  both  your  enemies, 
you  may  negociate  away  as  much  of  these  engagements  as  you 
can  ;  but  powers  who  have  made  a  firm  solid  league,  evidently  use- 
>ful  to  both,  can  never  be  prevailed  with  to  dissolve  it,  for  the  vague 
expectation  of  another  in  nubibus  ;  nor  even  on  the  certainty  that 
another  will  be  proposed,  without  knowing  what  are  to  be  its  ar 
ticles.  America  has  no  desire  of  being  free  from  her  engage 
ments  to  France.  The  chief  is  that  of  continuing  the  war  in 
conjunction  with  her,  and  not  making  a  separate  peace  ;  and  this 
is  an  obligation  not  in  the  power  of  America  to  dissolve,  being 
an  obligation  of  gratitude  and  justice,  towards  a  nation  which  is 
engaged  in  a  war  on  her  account,  and  for  her  protection  ;  and 
would  be  forever  binding,  whether  such  an  article  existed  or  not 
in  the  treaty ;  and  though  it  did  not  exist,  an  honest  American 
would  cut  off  his  right  hand  rather  than  sign  an  agreement  with 
England  contrary  to  the  spirit  of  it. 

"  To  the  fifth.  As  soon  as  you  please.  If  you  had  mentioned 
France  in  your  proposed  suspension  of  arms,  I  should  immediate 
ly  have  shewn  it  to  the  minister,  and  have  endeavored  to  support 
that  idea.  As  it  stands,  I  am  in  doubt  whether  I  shall  communi 
cate  your  paper  or  not,  though  by  your  writing  it  is  so  fair,  it 
seems  as  if  you  intended  it.  If  I  do,  I  shall  acquaint  you  with 
the  result. 

"  The  bill  of  which  you  send  me  a  copy  was  an  excellent  one 
at  the  time,  and  might  have  had  great  and  good  effects,  if  in- 


OF  THE  UNITED  STATES.  79 

stead  of  telling  us  haughtily,  that  our  humble  petition  should  re 
ceive  no  answer,  that  the  ministry  had  received  and  enacted  that 
bill  into  a  law.  It  might  have  erected  a  wall  of  brass  round  Eng- 
and,  if  such  a  measure  had  been  adopted  when  friar  Bacon's 
brazen  head  cried  out,  TIME  is  !  But  the  wisdom  of  it  was  not, 
seen,  till  after  the  fatal  cry  of  TIME  is  PAST  !" 

France  was  not  without  apprehensions  that  the  United  States 
might  consider  themselves  at  liberty  to  make  a  separate  peace. 
About  the  1st  of  January,  1779,  the  French  minister,  in  a  com 
munication  to  congress  says,  "  It  is  pretended  the  United  States 
have  preserved  the  liberty  of  treating  with  Great  Britain  sepa 
rately  from  their  ally,  as  long  as  Great  Britain  shall  not  have  de 
clared  war  against  the  king  his  master."  In  consequence  of  this 
representation,  congress,  on  the  14th  of  January,  of  the  same 
year,  unanimously  declared,  "  that  as  neither  France  nor  these 
United  States  may  of  right,  so  these  United  States  will  not  con 
clude  either  truce  or  peace  with  the  common  enemy,  without  the 
formal  consent  of  their  ally  first  obtained  ;  and  that  any  matters 
and  things  which  may  be  insinuated  or  asserted  to  the  contrary 
thereof,  tend  to  the  injury  and  dishonor  of  the  said  states."* 

The  offer  of  mediation  by  his  catholic  majesty,  was  made  known 
to  congress  by  letters  from  Arthur  Lee,  and  by  the  French  min 
ister,  Mons.  Gerard  ;  and  on  the  17th  of  February,  1779,  the  sub 
ject  was  referred  to  a  committee,  consisting  of  G.  Morris,  Mr. 
Burke,  Mr.  Witherspoon,  Samuel  Adams,  and  M.  Smith.  This 
committee  soon  after  reported  as  their  opinion,  "  that  his  catholic 
majesty  is  disposed  to  enter  into  an  alliance  with  the  United 
States.  That  he  hath  manifested  this  disposition,  in  a  decisive  de 
claration  made  to  the  court  of  Great  Britain.  That,  in  conse 
quence  of  such  declaration,  the  independence  of  the  United 
States  must  be  finally  acknowledged  by  Great  Britain ;  and  im 
mediately  thereon  a  negociation  for  peace  will  be  set  on  foot,  be- 
between  the  powers  of  France,  Great  Britain,  and  the  United 
States,  under  the  mediation  of  his  catholic  majesty  ;  or  that  Spain 
will  take  part  in  the  war,  and  his  catholic  majesty  will  unite  his 
*  Secret  Journals  of  Congress,  vol.  2,  p.  517, 


80  POLITICAL  AND  CIVIL  HISTORY 

force  with  the  most  Christian  king  and  the  United  States.1*  In 
the  event  of  a  negociation,  the  committee  were  of  opinion,  that 
the  United  States  should  not  treat  of  peace,  but  on  the  footing  of 
an  independent  nation ;  and  that,  as  a  preliminary,  their  inde 
pendence  should  be  acknowledged  on  the  part  of  Great  Britain. 

In  case  of  such  an  acknowledgment,  they  recommended  the 
appointment  of  ministers  on  the  part  of  the  United  States,  to 
assist  at  such  negociation,  and  that  such  ministers  should  be 
instructed  by  congress. 

"  1.  What  to  insist  on,  as  the  ultimatum  of  the  states. 

"  2.  What  to  yield,  or  require,  on  terms  of  mutual  exchange  or 
compensation." 

Under  the  first  head,  the  committee  recommended  six  articles. 

1.  That  the  bounds  of  the  United  States,  should  be  northerly 
by  the  ancient  limits  of  Canada,  as  contended  for  by  Great  Brit 
ain,  running  from  Nova  Scotia,  south  westerly,  west,  and  north 
westerly,  to  lake  Nipissing,  thence  a  west  line  to  the  Mississippi ; 
easterly  by  the  boundary   settled  between  Massachusetts  and 
Nova  Scotia  ;  southerly  by  the  boundary  between  Georgia  and 
Florida  ;  and  westerly  by  the  Mississippi. 

2.  All  the  posts  and  places,  within  these  limits,  to  be  evacuated. 

3.  The  right  of  fishing  and  curing  fish,  on  the  banks  and  coast, 
of  Newfoundland,  equally  with  the  subjects  of  France  and  Great 
Britain,  to  be  reserved  and  ratified  to  the  citizens  of  the  Uni 
ted  States. 

4.  The  navigation  of  the  Mississippi,  as  low  down  as  the  south 
ern  boundary  of  the  United  States,  to  be  acknowledged  and 
ratified  free  to  the  citizens  of  the  states. 

5.  Free  commerce  to  be  allowed  with  some  port  or  ports,  be 
low  the  southern  boundary  of  the  United  States,  on  the  river 
Mississippi,  except  for  such  articles  as  may  be  particularly  enume 
rated. 

6.  In  case  the  allies  of  the  United  States  would  agree  to  sup 
port  them  in  such  claim  by  continuing  hostilities,  to  insist  that 
Nova  Scotia  be  ceded  to  the  United  States,  or  declared  inde 
pendent. 


OF  THE  UNITED  STATES.  gl 

On  the  second  head,  the  committee  were  of  opinion, 

1 .  That  the  claim  to  Nova  Scotia  be  given  up,  in  lieu  of  the 
equal  share  in  the  Newfoundland  fishery,  or  such  share  of  the 
fishery,  in  lieu  of  Nova  Scotia,  if  both  could  not  be  obtained. 

2.  In  case  neither  of  these  could  be  obtained  in  lieu  of  the 
other,  then,  if  the  Bermuda  islands  could  be  obtained,  the  claim 
to  Nova  Stotia  be  ceded  in  lieu  thereof. 

3.  That  it  might  be  stipulated,  that  the  United  States  should 
not  trade  to  the  East  Indies,  or  engage  in  the  slave  trade,  if  ad 
equate  compensation  could  be  obtained. 

4.  The  United  States  not  to  establish  any  settlement  or  do 
minion,  beyond  the  limits  of  the  states,  as  settled  at  the  conclu 
sion  of  the  treaty  of  peace. 

5.  The  Floridas,  if  ceded  to  the  United  States  by  Great  Brit 
ain,  might  be  ceded  to  Spain,  for  an  adequate  compensation. 

6.  A  reciprocal  guarantee  of  American  possessions,  which  should 
remain  to  the  respective  powers,  at  the  conclusion  of  peace. 

The  committee  were  opposed  to  a  truce,  but  were  of  opinion, 
that  during  the  negociations,  a  cessation  of  hostilities  might  be 
admitted,  in  case  the  force  of  the  enemy  should  be  withdrawn 
from  every  post  and  place  within  the  limits  of  the  United  States. 

With  respect  to  terms,  to  which  the  Americans  should  ulti 
mately  agree  in  a  treaty  of  peace  with  Great  Britain,  rather  than 
continue  the  war,  the  members  of  congress  were  much  divided. 
It  was,  indeed,  a  subject  of  greater  magnitude,  than  had  come 
before  that  body,  since  the  declaration  of  independence.  It  cre 
ated  long  and  warm  debates  in  the  national  legislature,  and 
was  not  finally  settled,  until  the  14th  of  August,  1779  ;  and  not 
until  two  months  after  Spain  had  declared  war  against  Great 
Britain. 

While  this  important  subject  was  before  congress,  the  French 
minister  declared  to  that  body,  in  a  conference  held  in  July,  that 
he  was  authorized  to  inform  them,  that  Great  Britain  had  reject 
ed  with  haughtiness  the  formal  acknowledgment  of  the  indepen 
dence  of  the  United  States.  He  suggested,  therefore,  wheth 
er  under  these  circumstances,  they  ought  not  to  be  satisfied 

VOL.  II,  11  ' 


82  POLITICAL  AND  CIVIL  HISTORY 

with  a  tacit)  instead  of  an  express  acknowledgment,  agree 
ably  to  the  alternative  in  the  treaty.  He  also  urged  "  the 
manifest  and  striking  necessity  of  enabling  Spain,  by  the  deter 
mination  of  just  and  moderate  terms,  to  press  upon  England  with 
her  good  offices,  in  order  that  we  may  know  whether  we  are  to 
expect  war  or  peace.  This  step,"  he  added,  "  is  looked  upon  in 
Europe,  as  immediately  necessary.  It  was  the  proper  object  of 
the  message  I  delivered  in  February  last.  I  established  then  the 
strong  reasons,  which  required,  that,  at  the  same  time  and  with 
out  delay,  proper  terms  should  be  offered  to  his  catholic  majesty, 
in  order  to  reconcile  him  perfectly  to  the  American  interest.  I 
did  not  conceal,  that  it  was  to  be  feared,  that  any  condition  in 
consistent  with  the  established  form  of  the  alliance,  which  is  the 
binding  and  only  law  of  the  allies,  and  contrary  to  the  line  of 
conduct  which  Spain  pursued  in  the  course  of  her  mediation, 
would  lead  her  to  drop  the  mediation,  and  prevent  his  catholic 
majesty,  by  motives  of  honor  and  faithfulness,  from  joining  in  our 
common  cause,  and  from  completing  the  intended  triumvirate. 
No  loss,  no  unhappy  event,"  he  subjoined,  "  could  be  so  heavy 
on  the  alliance  as  this.  Indeed,  although  the  British  forces  were 
already  kept  in  check  by  the  combined  efforts  of  France  and 
America,  it  is  nevertheless  evident,  that  the  accession  of  Spain 
can  only  give  to  the  alliance  a  decided  superiority  adequate  to 
our  purposes,  and  free  us  from  the  fatal  chance  that  a  single  un 
lucky  event  may  overturn  the  balance."* 

The  "  moderate  terms  "  mentioned  by  the  French  minister  in 
this  communication,  referred  to  the  claim  of  the  United  States 
to  the  western  country  and  the  navigation  of  the  Mississippi. 
While  the  subject  of  instructions  to  the  American  minister  was 
before  congress,  Mr.  Gerard  was  strongly  opposed  to  this  claim,  as 
being  unfounded,  and  took  measures  to  have  it  relinquished. 

The  instructions  in  relation  to  the  terms  of  peace,  ultimately 
adopted  by  congress,  were, 

"  1 .  The  United  States  are  sincerely  desirous  of  peace,  and 
wish  by  every  means,  consistent  with  their  dignity  and  safety,  to 
*  Secret  Journals  of  Congress,  vol.  2,  pp.  199, 200,  and  Note  6. 


OF  THE  UNITED  STATES.  83 

spare  the  further  effusion  of  blood.  They  have,  therefore,  by 
your  commission  and  these  instructions,  labored  to  remove  the 
obstacles  to  that  event,  before  the  enemy  have  evidenced  their 
disposition  for  it.  But  as  the  great  object  of  the  present  defen 
sive  war  on  the  part  of  the  allies,  is  to  establish  the  indepen 
dence  of  the  United  States,  and  as  any  treaty  whereby  this  end 
cannot  be  obtained  must  be  only  ostensible  and  illusory,  you  are, 
therefore,  to  make  it  a  preliminary  article  to  any  negociation,  that 
Great  Britain  shall  agree  to  treat  with  the  United  States  as 
sovereign,  free  and  independent. 

"  2.  You  shall  take  special  care  also,  that  the  independence  of 
the  said  states  be  effectually  assured  and  confirmed  by  the  treaty 
or  treaties  of  peace,  according  to  the  form  and  effect  of  the  trea 
ty  of  alliance  with  his  most  Christian  majesty.  And  you  shall  not 
agree  to  such  treaty  or  treaties,  unless  the  same  be  thereby  so 
assured  and  confirmed. 

"  3.  The  boundaries  of  these  states  are  as  follows,  viz : — These 
states  are  bounded  north,  by  a  line  to  be  drawn  from  the  north 
west  angle  of  Nova  Scotia  along  the  highlands  which  divide  those 
rivers,  which  empty  themselves  into  the  river  St.  Lawrence,  from 
those  which  fall  into  the  Atlantic  ocean,  to  the  north  western 
most  head  of  Connecticut  river  ;  thence  down  along  the  middle 
of  that  river  to  the  forty-fifth  degree  of  north  latitude  ;  thence  due 
west  in  the  latitude  of  forty-five  degrees  north,  from  the  equator 
to  the  north  western-most  side  of  the  river  St.  Lawrence  or  Cat- 
araqui ;  thence  straight  to  the  south  end  of  Nipissing  ;  and 
thence  straight  to  the  source  of  the  river  Mississippi  :  west,  by  a 
line  to  be  drawn  along  the  middle  of  the  river  Mississippi,  from 
its  source  to  where  the  said  line  shall  intersect  the  thirty-first  de 
gree  of  north  latitude  :  south,  by  a  line  to  be  drawn  due  east  from 
the  termination  of  the  line  last  mentioned  in  the  latitude  of  thirty- 
one  degrees  north  from  the  equator  to  the  middle  of  the  river  Ap- 
palachicola,  or  Catahouchi ;  thence  along  the  middle  thereof  to 
its  junction  with  the  Flint  river  ;  thence  straight  to  the  head  of 
St  Mary's  river ;  and  thence  down  along  the  middle  of  St.  Ma- 


84  POLITICAL  AND  CIVIL  HISTORY 

ry's  river  to  the  Atlantic  ocean :  and  east,  by  a  line  to  be  drawn 
along  the  middle  of  St.  John's  river  from  its  source  to  its  mouth 
in  the  bay  of  Fundy,  comprehending  all  islands  within  twenty 
leagues  of  any  part  of  the  shores  of  the  United  States,  and  lying 
between  lines  to  be  drawn  due  east  from  the  points  where  the 
aforesaid  boundaries  between  Nova  Scotia  on  the  one  part,  and 
East  Florida  on  the  other  part,  shall  respectively  touch  the  bay  of 
Fundy  and  Atlantic  ocean.  You  are,  therefore,  strongly  to  con 
tend  that  the  whole  of  the  said  countries  and  islands  lying  within 
the  boundaries  aforesaid,  and  every  citadel,  fort,  post,  place,  har 
bor,  and  road  to  them  belonging,  be  absolutely  evacuated  by  the 
land  and  sea  forces  of  his  Britannic  majesty,  and  yielded  to  the 
powers  of  the  states,  to  which  they  respectively  belong,  in  such 
situation  as  they  may  be,  at  the  termination  of  the  war.  But, 
notwithstanding  the  clear  right  of  these  states,  and  the  importance 
of  the  object,  yet  they  arc  so  much  influenced  by  the  dictates  of 
religion  and  humanity,  and  so  desirous  of  complying  with  the  ear 
nest  request  of  their  allies,  that  if  the  line  to  be  drawn  from  the 
mouth  of  the  lake  Nipissing  to  the  head  of  the  Mississippi  can 
not  be  obtained  without  continuing  the  war  for  that  purpose,  you 
are  hereby  empowered  to  agree  to  some  other  line  between  that 
point  and  the  river  Mississippi ;  provided  the  same  shall  in  no 
part  thereof  be  to  the  southward  of  latitude  of  forty-five  degrees 
north.  And  in  like  manner,  if  the  eastern  boundary  above  de 
scribed  cannot  be  obtained,  you  are  hereby  empowered  to  agree, 
that  the  same  shall  be  afterwards  adjusted,  by  commissioners  to 
be  duly  appointed  for  that  purpose,  according  to  such  line  as 
shall  be  by  them  settled  and  agreed  on,  as  the  boundary  between 
that  part  of  the  state  of  Massachusetts  Bay,  formerly  called  the 
province  of  Maine,  and  the  colony  of  Nova  Scotia,  agreeably  to 
their  respective  rights.  Arid  you  may  also  consent,  that  the  en 
emy  shall  destroy  such  fortifications  as  they  may  have  erected. 

"  4.  Although  it  is  of  the  utmost  importance  to  the  peace  and 
commerce  of  the  United  States  that  Canada  and  Nova  Scotia 
should  be  ceded,  and  more  particularly,  that  their  equal  common 
right  to  the  fisheries  should  be  guarantied  to  them,  yet  a  desire 


OF  THE  UNITED  STATES.  85 

of  terminating  the  war  has  induced  us  not  to  make  the  acquisi 
tion  of  these  objects  an  ultimatum  on  the  present  occasion. 

"  5.  You  are  empowered  to  agree  to  a  cessation  of  hostilities 
during  the  negociation  ;  provided  our  ally  shall  consent  to  the 
same  ;  and  provided  it  shall  be  stipulated  that  all  the  forces  of  the 
enemy  shall  be  immediately  withdrawn  from  the  United  States. 

"  6.  In  all  other  matters  not  abovementioned,  you  are  to  gov 
ern  yourself  by  the  alliance  between  his  most  Christian  majesty 
and  these  states  ;  by  the  advice  of  your  allies  ;  by  your  knowl 
edge  of  our  interests  ;  and  by  your  own  discretion,  in  which  we 
repose  the  fullest  confidence."* 

In  framing  these  instructions,  the  fisheries,  the  navigation  of 
the  Mississippi,  and  the  boundaries,  were  the  great  subjects  of  di 
vision  and  debate  in  congress.  On  these  questions,  local  feel 
ings  and  interests  had  their  influence.  The  states  at  the  east, 
particularly  Massachusetts,  deemed  it  essential  to  their  welfare, 
and  almost  to  their  existence,  that  a  right  to  the  fisheries,  should 
at  all  events,  be  secured  ;  while  Virginia,  and  some  of  the  states 
at  the  south,  were  equally  desirous  of  securing  the  free  navigation 
of  the  Mississippi.  After  various  propositions  on  these  subjects,  a 
majority  of  the  states  rejected  both  as  ultimata. 

As  to  boundaries,  the  principal  question  was  respecting  the 
north  line ;  and  the  ultimatum  on  this  point,  was  finally  limited 
to  latitude  forty-five. 

Should  peace  be  the  result  of  the  negociations  under  the  me 
diation  of  Spain,  it  was  deemed  necessary,  that  the  American 
minister  should  be  prepared  with  instructions,  on  the  subject  of 
commercial  arrangements  with  Great  Britain.  The  state  of 
Massachusetts  here  again  pressed  upon  congress  the  importance 
of  the  fisheries,  and  urged,  that  no  treaty  of  commerce,  should  be 
made  with  Great  Britain,  without  some  arrangement  on  her  part, 
favorable  to  America,  with  respect  to  them.  Though  con 
gress  would  not  make  this  a  sine  qua  non  of  peace  ;  yet  a 
majority  of  the  states,  resolved,  that  no  treaty  of  commerce  with 
Great  Britain  should  receive  their  assent,  without  an  explicit  stip- 

*  Secret  Journals  of  Congress,  vol.  2,  pp.  225,,  226,  227,  and  228, 


80  POLITICAL  AND  CIVIL  HISTORY 

ulation  on  her  part,  not  to  molest  or  disturb  the  inhabitants  of  the 
United  States,  in  taking  fish,  on  the  banks  of  Newfoundland, 
and  other  fisheries  in  the  American  seas,  any  where,  excepting 
within  the  distance  of  three  leagues  of  the  shores  of  the  territo 
ries  remaining  to  Great  Britain  at  the  close  of  the  war,  if  a  nearer 
distance  could  not  be  obtained  by  negociation.  To  ensure  the 
right  of  fishing,  as  well  as  the  observance  of  such  stipulation, 
congress,  also,  by  a  solemn  resolution,  declared,  that  if,  after  a 
treaty  of  peace,  Great.  Britain  should  molest  the  citizens  of  the 
United  States,  in  taking  fish  in  the  places  and  limits  above  spe 
cified,  the  same  would  be  a  violation  and  breach  of  the  peace, 
that  the  states  would  make  it  a  common  cause,  and  that  the  force 
of  the  union  should  be  exerted  to  obtain  redress  ;  and  they  also 
pledged  their  faith  to  the  several  states,  that,  without  their  unan 
imous  consent,  no  treaty  of  commerce  should  be  entered  into,  nor 
any  trade  or  commerce  carried  on  with  Great  Britain,  without 
the  above  stipulation  on  her  part.* 

On  the  question  of  making  the  fisheries  a  common  cause,  the 
states  of  New  Hampshire,  Massachusetts,  Rhode  Island,  Connect 
icut,  New  York,  New  Jersey,  Pennsylvania,  and  Delaware,  were 
in  the  affirmative,  and  the  states  of  Maryland,  Virginia,  North 
and  South  Carolina,  in  the  negative.  Special  instructions  were 
sent  to  Dr.  Franklin,  to  procure  from  the  French  king  an  explan 
atory  article  as  to  the  extent  of  his  guarantee  in  the  treaty  of  al 
liance  ;  declaring  that  in  case,  after  the  conclusion  of  the  war, 
Great  Britain  should  molest  the  Americans  in  the  fisheries,  he 
would  make  it  a  common  cause. 

Congress  had  now  become  satisfied,  that  the  public  interest 
did  not  require  that  ministers  should  be  continued  at  any  of  the 
courts  of  Europe,  except  those  of  Versailles  and  Madrid.  They 
were  sensible,  also,  of  the  impolicy  of  having  more  than  one 
commissioner  at  any  foreign  court.  Serious  divisions  had  ari 
sen  between  the  American  commissioners  in  Europe,  and  which 
had,  also,  produced  divisions  in  congress.  In  April,  1779,  there 
fore,  congress  declared,  that  ministers  plenipotentiary  on  the  part 

*  Note  7. 


OF  THE  UNITED  STATES.  87 

of  the  United  States,  were  for  the  present  only  necessary,  at  the 
courts  of  Versailles  and  Madrid.  The  American  ministers  at  the 
other  courts  were,  therefore,  recalled.  And  they,  also,  not  long 
after,  very  wisely  decided,  that  the  United  States  should  be  rep 
resented  at  a  foreign  court,  by  one  minister  only. — This  policy 
has  since  been  pursued  by  the  general  government,  except  on 
extraordinary  occasions,  and  for  important  temporary  objects. 


CHAPTER  XIV. 

Congress  offer  to  guaranty  the  Floridas  to  Spain,  if  she  would  accede  to  the  treaties- 
John  Adams  appointed  Minister  to  negociate  peace — John  Jay,  Minister  to  the 
Court  of  Madrid — French  Minister  communicates  to  Congress  the  views  of  the 
Spanish  Court  concerning  the  western  country  and  the  navigation  of  the  Mississippi 
— Spain  requires  the  United  States  to  relinquish  all  claim  to  the  country  west  of  the 
Alleghany  mountains,  and  to  the  right  of  navigating  the  Mississippi — In  answer  to 
this,  Congress  send  their  Ministers  a  statement  of  their  claim  to  the  western  lands, 
to  be  communicated  to  the  courts,  both  of  France  and  Spain — Congress  give  addi 
tional  instructions  to  Mr.  Adams  concerning  a  truce — Mr.  Jay's  instructions  varied 
concerning  the  navigation  of  the  Mississippi  below  latitude  31° — Mr.  Jay  arrives  in 
Spain,  in  the  spring  of  1780 — Spanish  Minister  requires  of  him  particular  informa 
tion  concerning  the  United  States — Mr.  Jay  confers  with  the  Spanish  Minister — Is 
informed  that  the  King  would  not  accede  to  the  treaties — His  situation  very  unpleas 
ant — Is  much  embarrassed  by  bills  drawn  upon  him  by  Congress — Spanish  Minis 
ter  engages  to  furnish  money  for  the  United  States — Neglects  to  comply  with 
his  engagement — Henry  Laurens  appointed  Minister  to  Holland — Negociations  be 
tween  the  pensionary  of  Amsterdam,  and  the  American  Minister,  William  Lee,  con 
cerning  a  treaty  of  commerce — Laurens  taken  on  his  passage  to  Holland,  and  com 
mitted  to  the  tower — His  papers  fall  into  the  hands  of  the  British — War  between 
Great  Britain  and  Holland — Mr.  Adams  appointed  Minister  to  Holland  in  the  room 
of  Mr.  Laurens — Presents  a  memorial  to  the  Dutch  government — The  subject  re 
ferred  to  the  several  provinces— This  creates  great  delay — Mr.  Adams  demands  a 
categorical  answer — Is  at  last  received  as  a  Minister,  and  concludes  a  commercial 
treaty — Armed  neutrality  in  Europe — Principles  of  it  approved  by  Congress — Me 
diation  of  the  Empress  of  Russia,  and  the  Emperor  of  Germany — Communicated  to 
Congress  by  the  French  Minister — Congress  again  take  up  the  subject  of  instruc 
tions  relative  to  the  -terms  of  peace — Dr.  Franklin,  Mr.  Jay,  Mr.  Laurens,  and  Mr. 
Jefferson,  associated  with  Mr.  Adams — New  instructions  given— Terms  of  peace 
placed  under  the  control  of  France,  except  as  to  independence — Articles  proposed 
by  the  mediators  relative  to  the  United  States — Mr.  Adams  opposed  to  the  articles, 
and  refused  to  appear  at  the  proposed  congress,  but  as  the  representative  of  an 
independent  nation — Answer  of  the  court  of  France  to  the  articles  concerning 
American— The  British  King  refuses  to  admit  the  interference  of  any  foreign 
power  between  him  and  his  revolted  subjects,  or  to  admit  any  person  for  them  at 
the  congress— This  puts  an  end  to  the  mediation. 

THOUGH  Spain  had  joined  in  the  war  against  Great  Britain, 
she  had  not  acceded  to  the  treaties  between  France  and  America, 
and  was,  therefore,  under  no  obligation  to  continue  the  war,  for 


POLITICAL  AND  CIVIL  HISTORY,  &c.  9^ 

the  purpose  of  securing  the  independence  of  the  United  States. 
To  induce  her  to  do  this,  congress,  on  the  17th  of  September, 
1779,  declared,  "that  if  his  catholic  majesty  should  accede  to 
the  said  treaties,  and  in  concurrence  with  France  and  the  United 
States,  continue  the  present  war  with  Great  Britain,  for  the  pur 
poses  expressed  in  the  treaties,  he  shall  not,  thereby,  be  preclud 
ed  from  securing  to  himself  the  Floridas  :  On  the  contrary,  if  he 
should  obtain  the  Floridas  from  Great  Britain,  the  United  States 
would  guaranty  the  same  to  his  catholic  majesty ;  provided,  that 
the  United  States  should  enjoy  the  free  navigation  of  the  river 
Mississippi  into  and  from  the  sea."* 

On  the  26th  of  September,  congress  proceeded  to  the  election 
of  a  minister  to  negociate  peace  with  Great  Britain. 

The  members  were  equally  divided  between  John  Adams  and 
John  Jay,  both  of  whom  had  been  nominated  the  day  preceding; 
and  after  two  unsuccessful  ballots,  the  subject  was  postponed. 

The  divisions  in  congress  between  these  two  statesmen,  who 
had  borne  so  conspicuous  a  part  in  the  political  concerns  of  their 
country,  and  who  possessed  so  large  a  share  of  the  public  confi 
dence,  arose,  in  no  small  degree,  from  local  feelings  and  inter 
ests.  The  states  at  the  north  preferred  Mr.  Adams  on  account 
of  the  fisheries  ;  and  those  at  the  south  were  not,  probably,  with 
out  their  fears,  that  his  partiality  for  the  fisheries,  might  induce 
him,  to  give  up  some  other  points  deemed  equally  important  to 
other  parts  of  the  union. 

In  the  mean  time,  congress  came  to  the  resolution  of  sending 
a  minister  to  Spain ;  and  the  next  day  Mr.  Jay  was  appointed 
envoy  to  the  court  of  Madrid,  and  Mr.  Adams  to  negociate  a 
treaty  of  peace  with  Great  Britain.  Mr.  Jay  was  intrusted  with 
the  important  business  of  procuring  the  accession  of  Spain,  to  the 
treaties  the  United  States  had  made  with  France.  In  case  his 
catholic  majesty  required  additional  stipulations,  he  was  at  lib 
erty  to  propose  such  as  should  be  "  analogous  to  the  principal 
aim  of  the  alliance,  and  conformable  to  the  rules  of  equity,  reci 
procity  and  friendship."  If  Spain  should  accede  to  the  treaties, 

*  Secret  Journals  of  Congress,  vol.  2,  p.  249. 
VOL.  II.  12 


90  POLITICAL  AND  CIVIL  HISTORY 

and  in  concurrence  with  France  and  the  United  States,  continue 
the  war,  for  the  purposes  therein  expressed,  he  was  instructed  to 
offer  her  the  Floridas  on  the  terms  and  conditions  contained  in 
the  above-mentioned  resolution. 

For  the  beneficial  enjoyment  of  the  navigation  of  the  Mississippi 
below  latitude  31°,  he  was  instructed  to  procure  some  conven 
ient  port  on  the  Mississippi,  below  that  latitude,  for  the  use  of  the 
citizens  of  the  states.  He  was,  also,  directed  to  obtain  a  loan  of 
five  millions  of  dollars  ;  before  making  any  propositions  for  a  loan, 
however,  he  was  to  solicit  a  subsidy,  in  consideration  of  the 
guarantee  of  the  Floridas.* 

Mr.  Jay  sailed  for  Spain  the  latter  part  of  the  year,  but  being 
driven  by  a  storm  to  the  West  Indies,  he  did  not  arrive  in  that 
country  until  March,  1780. 

Before  noticing  the  transactions  of  the  American  minister  at 
the  court  of  Madrid,  we  would  state,  that  in  November,  1779, 
Mr.  Gerard  was  succeeded  by  the  chevalier  de  la  Luzerne,  as 
minister  from  the  French  court.  The  new  minister  was  intrusted 
with  important  communications  for  congress. 

He  officially  announced  the  failure  of  the  negociations  in  Eu 
rope,  under  the  mediation  of  Spain  ;  and  informed  the  American 
government,  "  that  he  had  it  in  command  to  impress  upon  the 
minds  of  congress,  that  the  British  cabinet  had  an  almost  insupe 
rable  reluctance  to  admit  the  idea  of  the  independence  of  these 
United  States,  and  would  use  every  possible  endeavor  to  pre 
vent  it. 

"  That  they  had  filled  several  of  the  courts  of  Europe  with  ne 
gociations,  in  order  to  excite  them  to  a  war  against  France,  or  to 
obtain  succors  ;  and  were  employing  the  most  strenuous  endeav 
ors  to  persuade  the  several  powers  that  the  United  States  were 
disposed  to  enter  into  treaties  of  accommodation.  That  many 
persons  in  Europe  were  actively  employed  in  bringing  such  trea 
ties  to  perfection ;  and  that  they  had  no  doubt  of  their  success. 
That  the  objects  which  the  British  cabinet  hoped  for,  from  these 
measures,  was  to  destroy  the  superiority  which  France  had  at 
*  Secret  Journals  of  Congress,  vol.  2,  pp.  261,  262,  and  Note  8. 


OF  THE  UNITED  STATES.  91 

sea,  by  diverting  her  power  and  resources  from  naval  to  land  op 
erations,  and  by  engaging  her  in  a  land  war,  where  she  must  risk 
very  important  interests,  while  England  would  risk  nothing  but 
money ;  or  to  break  or  weaken  the  alliance,  by  destroying  the 
confidence  which  the  allies  ought  to  have  in  each  other.  That 
his  most  Christian  majesty  gave  no  credit  to  the  suggestions  of 
Britain,  relative  to  the  disposition  of  the  United  States ;  and  it 
was  necessary,  that  measures  be  taken  for  preventing  other  pow 
ers  from  being  deceived  into  a  belief  of  them." 

The  French  minister,  also,  stated  the  necessity  of  the  greatest 
possible  vigor  in  the  operations  of  the  ensuing  campaign ;  that 
France  and  Spain  were  prepared  to  make  a  very  powerful  diver 
sion,  and  would  exert  themselves  strenuously  for  preserving  their 
naval  superiority,  and  for  employing 'the  forces  of  the  enemy  in 
Europe  and  the  West  Indies.  In  answer  to  this  communication, 
congress  assured  the  French  minister,  that  they  entertained  the 
most  grateful  sense  of  the  unremitted  attention  of  their  illustrious 
ally  to  the  interests  of  the  United  States.  With  respect  to  the 
suggestions  of  the  British  cabinet,  that  the  United  States  were 
disposed  to  enter  into  treaties  of  accommodation  with  Great 
Britain  ;  they  wished  his  most  Christian  majesty,  and  all  the  pow 
ers  of  Europe,  to  be  assured,  that  these  suggestions  were  "  insid 
ious  and  without  foundation."  "  It  will  appear,"  they  said,  "  by 
the  constitutions  and  other  public  acts  of  the  several  states,  that 
the  citizens  of  the  United  States,  possessed  of  arms,  possessed  of 
freedom,  possessed  of  political  power  to  create  and  direct  their 
magistrates  as  they  think  proper,  are  united  in  their  determina 
tion  to  secure  to  themselves  and  their  posterity  the  blessings  of 
liberty,  by  supporting  the  independence  of  their  government, 
and  observing  their  treaties  band  public  ^engagements  with  im 
movable  firmness  and  fidelity."* 

The  new  French  minister  was  particularly  intrusted  with  cer 
tain  articles  from  the  Spanish  court,  concerning  the  western  coun 
try  and  the  navigation  of  the  Mississippi ;  on  which  a  precise  ex 
planation,  on  the  part  of  the  United  States,  was  requested.  On 

*  Secret  Journals  of  Congress,  vol.  2,  pp.  304,  307, 


92  POLITICAL  AND  CIVIL  HISTORY 

this  subject,  in  pursuance  of  his  instructions,  in  January,  1780f 
in  a  second  conference  he  made  the  following  communication  to 
congress.  "  That  his  most  Christian  majesty,  being  uninformed 
of  the  appointment  of  a  minister  plenipotentiary  to  treat  of  an 
alliance  between  the  United  States  and  his  catholic  majesty,  has 
signified  to  his  minister  plenipotentiary  to  the  United  States,  that 
he  wishes  most  earnestly  for  such  an  alliance ;  and  in  order  to 
make  the  way  more  easy,  has  commanded  him  to  communicate 
to  the  congress,  certain  articles,  which  his  catholic  majesty  deems 
of  great  importance  to  the  interests  of  his  crown,  and  on  which 
it  is  highly  necessary  that  the  United  States  explain  themselves 
with  precision  and  with  such  moderation,  as  may  consist  with 
their  essential  rights." 

"  That  the  articles  are, 

"  1.  A  precise  and  invariable  western  boundary  to  the  United 
States. 

"  2.  The  exclusive  navigation  of  the  river  Mississippi. 

"  3.  The  possession  of  the  Floridas  ;  and, 

"  4.  The  land  on  the  left  or  eastern  side  of  the  river  Missis 
sippi. 

"  That  on  the  first  article,  it  is  the  idea  of  the  cabinet  of  Mad 
rid,  that  the  United  States  extend  to  the  westward  no  farther 
than  settlements  were  permitted  by  the  royal  proclamation  bear 
ing  date  the  day  of  1763. 

"  On  the  second,  that  the  United  States  do  not  consider  them 
selves  as  having  any  right  to  navigate  the  river  Mississippi,  no 
territory  belonging  to  them  being  situated  thereon. 

"  On  the  third,  that  it  is  probable  the  king  of  Spain  will  con 
quer  the  Floridas,  during  the  course  of  the  present  war ;  and  in 
such  an  event,  every  cause  of  dispute  relative  thereto,  between 
Spain  and  these  United  States,  ought  to  be  removed. 

"  On  the  fourth,  that  the  lands  lying  on  the  east  side  of  the 
Mississippi,  whereon  the  settlements  were  prohibited  by  the  afore 
said  proclamation,  are  possessions  of  the  crown  of  Great  Britain, 
and  proper  objects  against  which  the  arms  of  Spain  may  be  em 
ployed,  for  the  purpose  of  making  a  permanent  conquest  for  the 


OF  THE  UNITED  STATES.  93 

Spanish  crown.  That  such  conquest  may,  probably,  be  made 
during  the  present  war.  That,  therefore,  it  would  be  advisable 
to  restrain  the  southern  states  from  making  any  settlements  or 
conquests  in  these  territories.  That  the  council  of  Madrid  con 
sider  the  United  States,  as  having  no  claim  to  those  territories, 
either  as  not  having  had  possession  of  them,  before  the  present 
war,  or  not  having  any  foundation  for  a  claim  in  the  right  of  the 
sovereignty  of  Great  Britain,  whose  dominion  they  have  abjured. 

"  That  his  most  Christian  majesty,  united  to  the  catholic  king, 
by  blood  and  by  the  strictest  alliances,  and  united  with  these 
states  in  treaties  of  alliance,  and  feeling  towards  them  disposi 
tions  of  the  most  perfect  friendship,  is  exceedingly  desirous  of 
conciliating  between  his  catholic  majesty  and  these  United  States, 
the  most  happy  and  lasting  friendship. 

"That  the  United  States  may  repose  the  utmost  confidence  in 
his  good  will  to  their  interests,  and  in  the  justice  and  liberality  of 
his  catholic  majesty  ;  and  that  he  cannot  deem  the  revolution, 
which  has  set  up  the  independence  of  these  United  States,  as 
past  all  danger  of  unfavorable  events,  until  his  catholic  majesty 
and  the  United  States,  shall  be  established  on  those  terms  of  con 
fidence  and  amity,  which  are  the  objects  of  his  most  Christian 
majesty's  very  earnest  wishes."* 

This  communication  disclosed  the  reasons  why  his  catholic 
majesty  had  refused  his  assent  to  the  French  treaty  of  alliance, 
as  well  as  the  causes  of  his  displeasure  that  the  king  of  France 
had  concluded  a  ireaty  without  his  concurrence  ;  and  without  in 
sisting  that  the  Americans  should  have  purchased  the  aid  of 
France,  as  well  as  Spain,  in  effecting  their  independence,  by  the 
sacrifice  of  all  their  western  territory.  The  proclamation  referred 
to,  in  this  communication,  was  that  of  the  7th  of  October,  1763, 
by  which,  for  the  purpose  of  preventing  improper  settlements  on 
lands  reserved  for  the  Indians,  the  governors  of  all  the  colonies 
were  prohibited,  during  the  pleasure  of  the  crown,  from  granting 
lands,  beyond  the  heads  or  sources  of  any  of  the  rivers,  which  fall 
into  the  Atlantic  ocean,  from  the  west  and  north  west,  or  of  any 

*  Secret  Journals  of  Congress,  vol.  2,  p.  309. 


94  POLITICAL  AND  CIVIL  HISTORY 

lands  reserved  for  the  Indians.  The  views  of  Spain,  therefore, 
as  disclosed  by  this  communication  of  the  French  minister,  were, 
that  the  United  States  could  have  no  valid  claim  to  lands  lying 
west  of  the  Alleghany  mountains  ;  thereby  limiting  their  boun 
daries  west,  to  the  old  line  claimed  by  France,  before  the  war 
of  1756. 

This  subject  was  extremely  interesting  to  all  the  states,  partic 
ularly  to  Virginia,  who  in  fact  had  made  settlements  far  west  of 
these  limits.  Spain,  it  was  evident,  contemplated  the  conquest 
not  merely  of  the  Floridas,  but  of  all  the  extensive  country  east 
of  the  Mississippi,  watered  by  the  rivers,  which  entered  the  pa 
rent  stream  from  the  north  and  east,  as  belonging  to  Great  Brit 
ain,  and  to  claim  it  by  right  of  conquest.  In  her  views  on  this 
subject,  she  was  countenanced  and  supported  by  the  court  of 
France.  To  this,  however,  the  United  States  could  never  as 
sent.  Many  of  the  states  claimed  to  the  Mississippi,  by  virtue  of 
their  charters,  as  well  as  by  the  treaty  of  1763.  Congress,  how 
ever,  did  not  think  proper,  to  explain  themselves  directly  to  the 
French  minister,  on  these  extraordinary  views  and  pretensions  of 
the  Spanish  court.  The  delegates  of  Virginia,  were  afterwards 
specially  instructed  by  the  legislature  of  that  state  on  this  sub 
ject;  and  on  the  4th  of  October,  1780,  congress  directed  the 
American  minister  at  the  Spanish  court,  to  adhere  to  his  first  in 
structions  respecting  the  right  of  the  United  States  to  the  free 
navigation  of  the  Mississippi,  into  and  from  the  sea ;  which  right, 
they  said,  if  not  attainable  by  an  express  acknowledgment,  was 
not  to  be  relinquished.  As  to  boundaries,  he  is  instructed  to  ad 
here  strictly  to  those  already  fixed  by  congress  ;  and  in  addition 
they  said,  "  Spain  having,  by  the  treaty  of  Paris,  ceded  to  Great 
Britain,  all  the  country  to  the  north-eastward  of  the  Mississippi, 
the  people  inhabiting  these  states,  while  connected  with  Great 
Britain,  and,  also,  since  the  revolution,  have  settled  themselves  at 
divers  places,  to  the  westward,  near  the  Mississippi,  are  friendly  to 
the  revolution,  and  being  citizens  of  these  United  States,  and  sub 
ject  to  the  laws  of  that  to  which  they  respectively  belong,  con 
gress  cannot  assign  them  over,  as  subjects  to  any  other  power." 


OF  THE  UNITED  STATES.  95 

To  enforce  these  instructions,  congress  on^the  17th  of  October, 
1780,  drew  up  and  sent  to  their  ministers,  in  France  and  Spain,  a 
statement  of  their  claim  to  the  western  country,  as  far  as  the  Mis 
sissippi,  explaining  the  reasons  and  principles  on  which  it  was 
founded.  This  was  to  be  communicated  to  both  courts,  and  was 
intended  as  an  answer  to  the  claim  of  the  court  of  Madrid,  as 
well  as  "  to  satify  both  those  courts  of  the  justice  and  equity  of 
the  intentions  <K  congress." 

This  very  able  state  paper  was  drawn  by  a  committee,  consist 
ing  of  Mr.  Madison,  Mr.  Sullivan,  and  Mr.  Duane;  and  no  doubt 
was  from  the  pen  of  Mr.  Madison.  In  support  of  the  claim  on 
the  part  of  the  United  States,  to  extend  west  as  far  as  the  Missis 
sippi,  congress  observed  that  it  was  unnecessary,  "  to  take  notice 
of  any  pretensions  founded  on  a  priority  of  discovery,  of  occupan 
cy,  or  on  conquest.  It  is  sufficient  that  by  the  definitive  treaty  of 
Paris,  of  1763,  article  seventh,  all  the  territory  now  claimed  by 
the  United  States,  was  expressly  and  irrevocably  ceded  to  the 
king  of  Great  Britain  ;  and  that  the  United  States  are,  in  conse 
quence  of  the  revolution  in  their  government,  entitled  to  the  ben 
efits  of  that  cession." 

"  The  first  of  these  positions,"  they  subjoined,  "  is  proved  by  the 
treaty  itself.  To  prove  the  last,  it  must  be  observed,  that  it  is  a 
fundamental  principle  in  all  lawful  governments,  and  particularly 
in  the  constitution  of  the  British  empire,  that  all  the  rights  of 
sovereignty  are  intended  for  the  benefit  of  those  from  whom  they 
are  derived,  and  over  whom  they  are  exercised.  It  is  known, 
also,  to  have  been  held  for  an  inviolable  principle  by  the  United 
States,  while  they  remained  a  part  of  the  British  empire,  that  the 
sovereignty  of  the  king  of  England,  with  all  the  rights  and  pow 
ers  included  in  it,  did  not  extend  to  them  in  virtue  of  his  being 
acknowledged  and  obeyed  as  king,  by  the  people  of  England,  or 
of  any  other  part  of  the  empire,  but  in  virtue  of  his  being  ack 
nowledged  and  obeyed  as  king  of  the  people  of  America  them 
selves  ;  that  this  principle  was  the  basis,  first  of  their  opposition  to, 
and  finally  of  their  abolition  of,  his  authority  over  them.  From 
these  principles  it  results,  that  all  the  territory  lying  within  the 


96  POLITICAL  AND  CIVIL  HISTORY 

limits  of  the  states,  as  fixed  by  the  sovereign  himself,  was  held  by 
him  for  their  particular  benefit,  and  must  equally  with  his  other 
rights  and  claims  in  quality  of  their  sovereign,  be  considered  as 
having  devolved  on  them,  in  consequence  of  their  resumption  of 
the  sovereignty  to  themselves. 

"  In  support  of  this  position  it  may  be  further  observed,  that 
all  the  territorial  rights  of  the  king  of  Great  Britain,  within  the 
limits  of  the  United  States,  accrued  to  him  front  the  enterprises, 
the  risks,  the  sacrifices,  the  expense  in  blood  and  treasure  of  the 
present  inhabitants  and  their  progenitors.  If  in  latter  times,  ex 
penses  and  exertions  have  been  borne  by  any  other  part  of  the 
empire,  in  their  immediate  defense,  it  need  only  be  recollected, 
that  the  ultimate  object  of  them,  was  the  general  security  and  ad 
vantage  of  the  empire  ;  that  a  proportional  share  was  borne  by 
the  states  themselves  ;  and  that  if  this  had  not  been  the  case,  the 
benefits  resulting  from  an  exclusive  enjoyment  of  their  trade  have 
been  an  abundant  compensation.  Equity  and  justice,  therefore, 
perfectly  coincide,  in  the  present  instance,  with  political  and  con 
stitutional  principles."* 

In  consequence  of  information  communicated  by  the  Ameri 
can  minister  appointed  to  negociate  peace  with  Great  Britain, 
congress,  in  October,  1780,  gave  him  additional  instructions.  He 
was  informed  that  a  short  truce,  would  be  highly  dangerous  to 
the  United  States  ;  but  if  a  truce  should  be  proposed  for  so  long 
a  period,  or  an  indefinite  period,  requiring  so  long  notice,  previous 
to  a  renewal  of  hostilities,  as  to  evince  on  the  part  of  Great  Brit 
ain,  a  virtual  rclinquishment  of  the  war,  and  an  expedient  only  to 
avoid  the  mortification  of  an  express  acknowledgment  of  Ameri 
can  independence,  he  might,  with  the  concurrence  of  their  ally, 
accede  to  it,  on  condition  of  the  removal  of  the  land  and  naval 
armaments  from  the  United  States  :  he  was  directed,  however,  in 
case  of  a  truce,  to  hold  up  the  United  States  to  the  world,  "  in  a 
style  and  title  not  derogatory  to  the  character  of  an  independent 
and  sovereign  people." 

With  respect  to  those  persons,  who  had  either  abandoned,  or 
been  banished  from,  any  of  the  United  States,  he  was  instructed 
*  Secret  Journals  of  Congress,  vol.  2,  pp.  327,  328.        Note  9. 


OF  THE  UNITED  STATES.  97 

to  "  make  no  stipulation  whatever  for  their  re-admittance  ;  and 
as  to  an  equivalent  for  their  property,  he  might  attend  to  propo 
sitions  on  that  subject  only  on  a  reciprocal  stipulation,  that  Great 
Britain  would  make  full  compensation  for  all  the  wanton  destruc 
tion  which  the  subjects  of  that  nation  had  committed  on  the  pro 
perty  of  the  citizens  of  the  United  States." 

Congress,  also,  expressed  a  wish,  that  in  a  treaty  of  peace,  the 
United  States  should  not  be  bound  by  any  public  engagement,  to 
admit  British  subjects  to  any  of  the  rights  or  privileges  of  citi 
zens  of  the  United  States  ;  but  to  be  left  at  liberty  to  grant  or  re 
fuse  such  favors,  as  the  public  interest  and  honor  might  dictate.* 

In  consequence  of  the  success  of  the  enemy  at  the  south  dur 
ing  the  year  1780,  the  state  of  Virginia,  in  order  to  induce  Spain 
to  accede  to  the  treaty  of  alliance,  and  to  afford  more  effectual 
aid  in  the  common  cause,  was  willing  to  recede  from  insisting  on 
the  right  of  navigating  the  Mississippi,  and  of  a  free  port  below 
the  thirty-first  degree  of  north  latitude;  and  on  these  points,  in 
structed  their  delegates  in  congress,  to  procure  an  alteration  in 
Mr.  Jay's  instructions. 

Congress  therefore  in  February,  1781,  directed  Mr.  Jay,  no 
longer  to  insist  on  this  part  of  his  instructions,  in  case  Spain, 
should  unalterably  persist  in  her  refusal ;  and  provided,  the 
free  navigation  of  the  Mississippi,  above  latitude  thirty-one  de 
grees,  should  be  acknowledged  and  guarantied  by  the  king  of 
Spain,  to  the  citizens  of  the  United  States,  in  common  with  his 
subjects. 

This  was  done,  as  congress  declared,  because  the  Americans 
were  desirous,  "  to  manifest  to  all  the  world,  and  particularly  to 
his  catholic  majesty,  the  moderation  of  their  views,  the  high  value 
they  place  on  the  friendship  of  his  catholic  majesty,  and  their  dis 
position  to  remove  every  obstacle  to  his  accession  to  the  alliance 
subsisting  between  his  most  Christian  majesty  and  these  United 
States,  in  order  to  unite  the  more  closely  in  their  measures  and 
operations,  three  powers  who  have  so  great  a  unity  of  interests, 

*  Secret  Journals  of  Congress,  vol.  £,  pp.  339, 340, 

VOL,  IL  is 


98  POLITICAL  AND  CIVIL  HISTORY 

and  thereby  to  compel  the  common  enemy  to  a  speedy,  just,  and 
honorable  peace." 

Soon  after  Mr.  Jay's  arrival  at  Cadiz,  which,  as  we  have  before 
stated,  was  not  until  March,  1780^  he  sent  his  secretary,  Mr.  Car- 
michael  from  that  place  to  Madrid,  to  sound  the  Spanish  court, 
on  the  subject  of  his  mission.  As  a  preliminary,  that  court  wish 
ed  to  obtain  particular  information,  concerning  the  population, 
manufactures,  commerce,  military  and  naval  power,  and  gener 
ally  the  wealth  and  resources  of  the  United  States,  as  well  as  the 
disposition  of  the  Americans  to  persevere,  in  their  struggle  for  in 
dependence. 

The  Spanish  minister,  therefore,  requested  of  the  American 
envoy  answers  to  various  questions  on  these  subjects.  To 
these  Mr.  Jay  returned  very  long  and  able  answers  ;  and  after 
wards  went  to  Madrid,  and  had  many  conferences  with  the  prime 
minister,  count  Florida  Blanca.  He  was  soon  informed  that 
the  king  of  Spain,  would  not  accede  to  the  treaties  made  with 
France  ;  and  indeed  he  was  told  in  the  most  explicit  terms,  that 
his  catholic  majesty  was  displeased  with  the  king  of  France,  for 
concluding  those  treaties  without  his  concurrence. 

The  letter  of  the  king  of  Spain  to  the  French  king,  of  the  22d 
of  March,  1778,  in  answer  to  one  from  the  latter,  announcing  his 
determination  to  disclose  to  the  court  of  London  his  connection 
with  America,  bears  strong  marks  of  dissatisfaction.* 

The  American  minister  found  the  Spanish  court  very  slow  in 
all  their  movements.  Having  refused  to  acknowledge  the  in 
dependence  of  the  United  States,  the  king  would  not  formally 
receive  Mr.  Jay,  as  an  American  minister.  This  rendered  his 
situation  humiliating  as  well  as  embarrassing.  His  embar 
rassments  were  greatly  increased,  in  consequence  of  bills  drawn 
upon  him  by  congress  to  a  large  amount,  before  any  provis 
ion  was  made  for  their  payment.  Presuming  on  the  good  will 
of  the  Spanish  court  towards  the  cause  of  America,  the  national 
legislature  ventured  to  draw  these  bills,  making  them  payable  at 
six  months  sight ;  trusting  their  minister  would  be  able  be- 

*  This  letter  will  be  found, in  vol.  7,  of  Histoire,  &c.  de  le  diplomatic  Francaise. 


OF  THE  UNITED  STATES.  99 

fore  they  fell  due,  to  procure  money  from  the  king  of  Spain,  either 
by  loan  or  subsidy,  to  pay  them.  The  Spanish  minister,  when 
informed  of  this,  expressed  no  little  surprise,  that  a  step  of  this 
kind  should  be  taken  by  congress,  without  a  previous  arrange 
ment  with  his  master  ;  and  it  was  not  without  great  difficulty,  Mr. 
Jay  obtained  from  him,  an  engagement  to  furnish  part  of 
the  amount,  for  which  the  bills  were  drawn.  When  the 
American  minister  pressed  the  Spanish  court  on  the  subject 
of  forming  treaties  with  the  United  States,  agreeably  to  his  in 
structions,  he  was  told  that,  as  a  preliminary,  some  definitive  ar 
rangement  must  be  made  respecting  the  navigation  of  the  Mis 
sissippi  ;  and  he  was  informed,  that  his  catholic  majesty  had  de 
termined  to  exclude  all  foreigners  from  entering  the  gulf  of  Mex 
ico  by  the  rivers  from  the  north.  The  American  minister  was 
strongly  pressed  to  yield  on  these  points. 

Though  Mr.  Jay  had  the  promise  of  assistance  in  the  pay 
ment  of  the  bills  drawn  upon  him,  yet  infinite  delays  and  diffi 
culties  were  constantly  interposed  in  the  fulfilment  of  this  pro 
mise.  In  consequence  of  this,  the  credit  of  the  American  gov 
ernment  was  put  in  great  jeopardy,  the  embarrassments  of  Mr. 
Jay  increased,  and  his  patience  put  to  the  severest  trial.  In  order 
to  meet  the  bills,  he  was  obliged  to  apply  to  Dr.  Franklin  at  Pa 
ris*  and  but  for  his  assistance,  the  bills  would  have  returned  to 
America  unpaid,  and  the  credit  of  the  American  government 
greatly  injured  in  Europe.  While  Mr.  Jay  was  in  this  situ 
ation,  and  was  pressing  the  Spanish  minister  to  furnish  the 
funds  agreeably  to  his  engagement  in  order  to  save  the  honor 
and  credit  of  the  United  States,  he  was  informed,  that  if  he  would 
yield  to  the  terms  of  Spain,  respecting  the  navigation  of  the  Mis 
sissippi,  the  money  would  be  furnished.  This  was  resisted  by 
Mr.  Jay,  with  great  firmness,  not  only  as  contrary  to  his  instruc 
tions,  and  inconsistent  with  the  rights  and  interest  of  his  country, 
but  as  an  unwarrantable  attempt  to  take  advantage  of  his  pecul 
iar  situation.  The  firm  and  patriotic  conduct  of  the  American 
minister  on  this  occasion,  was  afterwards  highly  approved  by  con 
gress. 


100  POLITICAL  AND  CIVIL  HISTORY 

After  Mr.  Jay  received  his  instructions  to  recede  from  insisting 
on  the  free  navigation  of  the  Mississippi,  and  a  free  port  below 
the  thirty-first  degree  of  north  latitude,  he  proposed  to  the  Span 
ish  court,  a  plan  of  a  treaty,  one  article  of  which  was  that  "  the 
United  States  should  relinquish  to  his  catholic  majesty,  and  in  fu 
ture  forbear  to  use  the  navigation  of  the  river  Mississippi,  from 
the  point  where  it  leaves  the  United  States  down  to  the  ocean." 
This  article  was  accompanied  with  a  declaration,  on  the  part  of 
the  American  minister,  that  if  the  offer  was  not  then  accepted, 
but  postponed  to  a  general  peace,  the  United  States  would  not 
be  bound  by  it  in  future.  This  offer  fell  far  short  of  the  views  of 
the  Spanish  court — the  proposed  treaty  was  rejected,  and  the  ne- 
gociation  remained  in  this  state,  until  June,  1782,  when  Mr.  Jay 
was  called  to  Paris,  and  the  negociation  was  transferred  from  Ma 
drid  to  that  place. 

Soon  after  the  appointment  of  Mr.  Jay  to  Spain,  Henry  Lau- 
rens  of  South  Carolina,  was  appointed  minister  to  the  states  of 
Holland,  not  only  for  the  purpose  of  obtaining  loans,  but  forming 
treaties  with  that  republic.  Overtures  for  a  commercial  connec 
tion  with  the  United  States,  had  been  made  from  Holland,  in 
1778.  William  Lee,  the  American  minister  to  the  court  of  Prus 
sia,  on  his  way  to  Berlin  in  August  of  that  year,  had  an  inter 
view  with  John  de  Neufville,  a  principal  merchant  of  Amster 
dam,  on  the  subject  of  a  commercial  treaty,  between  the  states 
general  of  Holland,  and  the  United  States  ;  and  on  the  4th  of 
September  following,  Mr.  de  Neufville,  by  the  order  and  direc 
tion  of  Van  Berkel,  pensionary  of  Amsterdam,  proposed  apian  of 
a  treaty,  between  the  two  countries. 

This  plan  was  communicated  to  congress,  and  Mr.  Laurens 
was  appointed  to  carry  it  into  effect,  on  the  part  of  America.  He 
did  not  sail  for  Europe,  until  the  summer  of  1780  ;  and  unfortu 
nately,  on  the  3d  of  September,  was  taken  by  a  British  frigate  on 
his  passage,  near  Newfoundland.  He  threw  his  papers  over 
board,  but  by  the  activity  of  a  British  sailor,  they  were  recovered. 
Among  them  was  a  copy  of  the  above  plan  of  a  treaty  with  the 
states  of  Holland,  and  several  letters  from  Mr.  de  Neufville,  and 


OF  THE  UNITED  STATES.  101 

from  Mr.  Stockton,  the  secretary  of  William  Lee,  concerning  the 
same. 

Mr.  Laurens  being  carried  to  London,  was  examined  before 
the  privy  council,  and  on  the  6th  of  October  committed  a  close 
prisoner  to  the  tower,  on  a  charge  of  high  treason.  The  disclos 
ure  of  his  papers,  greatly  incensed  the  court  of  London  against 
Holland,  and  the  English  minister  at  the  Hague,  Sir  Joseph 
Yorke,  was  istructed  to  present  a  memorial  to  the  states  general, 
on  the  subject.  On  the  10th  of  November,  Sir  Joseph  Yorke,  in 
pursuance  of  his  instructions,  demanded  a  disavowal  of  this  con 
duct  of  Van  Berkel,  and  also  insisted  "  on  speedy  satisfaction, 
adequate  to  the  offense,  and  the  exemplary  punishment  of  the 
pensionary  and  his  accomplices,  as  disturbers  of  the  public  peace, 
and  violaters  of  the  rights  of  nations." 

Satisfaction  for  the  supposed  offense  not  having  been  made 
by  the  states  general,  the  British  minister  was  ordered  to  with 
draw  from  Holland  ;  and  this  was  soon  followed  by  a  declaration 
of  hostilities  against  that  country  by  the  court  of  London. 

In  June,  1780,  Mr.  Adams,  then  in  Europe,  was  appointed  in 
the  room  of  Mr.  Laurens  to  obtain  loans  in  Holland,  and  in  De 
cember  of  the  same  year,  was  invested  with  full  powers  to  negoci- 
ate  a  treaty  of  amity  and  commerce  with  that  country. 

Mr.  Adams,  though  not  then  acknowledged  as  a  minister,  was 
determined  to  sound  the  Dutch  government  on  the  subject  of 
forming  a  commercial  connection  with  the  United  States,  and 
for  that  purpose  to  communicate  to  their  high  mightinesses  his 
commission  and  credentials,  and  to  present  t.o  them  also  a  memo 
rial  on  the  subject.  This  intention  he  communicated  to  the 
French  minister  at  the  Hague,  the  duke  de  la  Vauguion.  The 
latter,  however,  was  opposed  to  this  proceeding,  and  endeav 
ored  to  dissuade  Mr.  Adams  from  taking  this  step  at  so  unfavor 
able  a  moment. 

Mr.  Adams,  however,  considered  it  a  favorable  time  for  the 
United  States  to  press  the  subject ;  and  he  drew  a  memorial 
bearing  date  the  19th  of  April,  1781,  which  he  presented  to  the 
president  of  their  high  mightinesses. 


102  POLITICAL  AND  CIVIL  HISTORY 

The  states  general  of  Holland  were  not  yet  prepared  to  ac 
knowledge  the  United  States,  as  a  sovereign  and  independent 
nation ;  nor  could  the  president  receive  the  memorial  in  form  ; 
but  he  engaged  to  make  a  report  of  the  substance  of  what  Mr. 
Adams  had  stated  to  him  on  this  subject.  This  was  done,  and 
the  report  was  received,  and  referred  to  the  several  provinces  for 
their  decision. 

In  this  memorial,  after  stating  the  origin  and  causes  of  the  war 
in  which  the  Americans  were  engaged,  their  determination  to 
maintain  their  independence,  and  that  with  this  view,  they  had 
established  regular  and  permanent  governments,  he  endeavored 
to  convince  the  people  of  Holland,  that  it  was  for  their  interest  to 
form  a  connection  with  the  United  States,  and  to  support  their 
independence. 

To  induce  them  to  do  this,  he  appealed  to  their  former  situa 
tion,  when  struggling  for  their  liberties  against  the  mighty  power 
of  Spain ;  observing,  that  the  United  States  were  now  in  the  same 
situation  in  respect  to  Great  Britain ;  and  that  a  similarity  in 
government,  religion,  liberality  of  sentiment,  and  freedom  of  in 
quiry  in  the  two  republics,  evinced  the  propriety  of  a  connection 
between  them.  "  If  there  was  ever  among  nations,"  said  Mr. 
Adams,  "  a  natural  alliance,  one  may  be  formed  between  the 
two  republics.  The  planters  of  the  four  northern  states  found 
in  this  country  an  asylum  from  persecution,  and  resided  here 
from  the  year  one  thousand  six  hundred  and  eight,  to  the  year 
one  thousand  six  hundred  and  twenty,  twelve  years  preceding 
their  migration.  They  ever  entertained,  and  have  transmitted 
to  posterity,  a  grateful  remembrance  of  that  protection  and  hos 
pitality,  and  especially  of  that  religious  liberty  they  found  here, 
having  sought  it  in  vain  in  England. 

"  The  first  inhabitants  of  the  two  other  states,  New  York  and 
New  Jersey,  were  immediate  emigrants  from  this  nation,  and 
have  transmitted  their  religion,  language,  customs,  manners  and 
character ;  and  America  in  general,  until  her  connection  with 
the  house  of  Bourbon,  has  ever  considered  this  nation  as  her 
first  friend  in  Europe,  whose  history,  and  the  great  character  it 


OF  THE  UNITED  STATES.  103 

exhibits,  in  the  various  arts  of  peace,  as  well  as  achievements  of 
war  by  sea  and  land,  have  been  particularly  studied,  admired  and 
imitated  in  every  state. 

"  A  similitude  of  religion,  although  it  is  not  deemed  so  essen 
tial  in  this  as  in  former  ages  to  the  alliance  of  nations,  is  still,  as 
it  ever  will  be  thought,  a  desirable  circumstance.  Now  it  may 
be  said  with  truth,  that  there  are  no  two  nations,  whose  worship, 
doctrine  and  discipline  are  more  alike,  than  those  of  the  two  re 
publics.  In  this  particular,  therefore,  as  far  as  it  is  of  weight,  an 
alliance  would  be  perfectly  natural. 

"  A  similarity  in  the  forms  of  government  is  usually  considered 
as  another  circumstance  which  renders  alliances  natural;  and 
although  the  constitutions  of  the  two  republics  are  not  perfectly 
alike,  there  is  yet  analogy  enough  between  them,  to  make  a  con 
nection  easy  in  this  respect. 

"  In  general  usages  and  in  the  liberality  of  sentiments  on  those 
momentous  points,  the  freedom  of  inquiry,  the  right  of  private 
judgment  and  the  liberty  of  conscience,  of  so  much  importance 
to  be  supported  in  the  world,  and  imparted  to  all  mankind,  and 
.which  to  this  hour  are  in  more  danger  from  Great  Britain  and 
that  intolerant  spirit  which  is  secretly  fermenting  there  than  from 
any  other  quarter,  the  two  nations  resemble  each  other  more  than 
any  others. 

"  The  originals  of  the  two  republics  are  so  much  alike,  that 
the  history  of  the  one  seems  but  a  transcript  from  the  other  :  so 
that  every  Dutchman  instructed  in  the  subject,  must  pronounce 
the  American  revolution  just  and  necessary,  or  pass  a  censure 
upon  the  greatest  actions  of  his  immortal  ancestors;  actions 
which  have  been  approved  and  applauded  by  mankind,  and  jus 
tified  by  the  decisions  of  heaven." 

On  the  representation  of  the  French  court,  on  the  16th  of  Au: 
gust,  1781,  Mr.  Adams  was  instructed  to  propose  a  triple  alliance 
between  France,  the  united  provinces  of  the  Netherlands,  and 
the  United  States  of  America,  limited  in  its  duration  to  the  war 
then  existing  with  Great  Britain,  and  to  be  conformable  to  the 
treaties  between  France  and  America,  The  indispensable 


104  POLITICAL  AND  CIVIL  HISTORY 

conditions  of  this  alliance  on  the  part  of  Holland,  were  an  ac 
knowledgment  of  American  independence  and  sovereignty,  and 
an  agreement  to  make  the  war  with  Great  Britain  a  common 
cause,  neither  party  to  conclude  peace  or  truce,  without  the  con 
sent  of  the  other,  or  to  lay  down  their  arms  until  the  sovereignty 
and  independence  of  America  was  assured  by  Great  Britain. 
The  United  States,  however,  had  now  become  more  cautious  of 
engagements  of  guarantee,  and  Mr.  Adams  was  directed  not  to 
agree  to  any  stipulations  of  offense,  or  guarantee  of  possessions. 

The  movements  in  Holland  on  American  affairs  were  as  slow 
as  in  Spain,  and  the  patience  of  Mr.  Adams,  as  well  as  that  of 
Mr.  Jay,  was  severely  tried.  At  the  commencement  of  the  year 
1782,  no  answer  had  been  given  to  his  memorial.  Wearied  with 
this  delay,  Mr.  Adams,  on  the  9th  of  January  of  that  year,  waited 
upon  the  president  of  the  states  general,  and  after  referring  to 
his  application,  and  stating  that  he  had  yet  received  no  answer, 
said : — 

"  I  now  do  myself  the  honor  to  wait  on  you,  sir,  and  to  demand, 
as  I  do,  a  categorical  answer,  that  I  may  be  able  to  transmit  it 
to  the  United  States  of  America."  Mr.  Adams  was  warmly  sup-, 
ported  by  the  merchants  and  manufacturers,  who,  desirous  of 
sharing  in  the  trade  of  America,  presented  petitions  to  the  gov 
ernment  in  favor  of  a  treaty.  The  states  general,  therefore, 
on  the  19th  of  April,  1 782,  declared,  "  that  Mr.  Adams  should  be 
admitted  and  acknowledged,  in  the  quality  of  an  ambassador 
of  the  United  States  of  North  America  to  their  high  mightiness 
es  ;"  and  in  three  days  afterwards  he  was  received  as  such. 

Negociations  then  commenced,  but  a  treaty  of  amity  and  com 
merce  was  not  completed  until  the  8th  of  October  following. 

The  American  revolution  had  excited  no  small  degree  of  inter 
est  in  most  of  the  courts  of  Europe.  The  effects  of  the  war  be 
tween  Great  Britain,  and  France  and  Spain,  in  the  years  1779 
and  1780,  were  felt  not  only  by  Holland,  but  by  the  northern 
European  powers,  in  their  commercial  intercourse  with  the  two 
latter  nations.  The  right  of  searching  neutral  vessels  for  contra 
band  of  war,  and  enemy's  property,  as  claimed  and  exercised  by 


OF  THE  UNITED  STATES.  105 

Great  Britain,  as  well  as  other  interruptions  of  neutral  commerce 
by  that  nation,  had  excited  the  resentment  of  those  powers,  and 
produced,  in  July,  1780,  what  was  called,  the  armed  neutrality  ; 
at  the  head  of  which  was  the  celebrated  empress  of  Russia.  In 
February  of  that  year,  the  empress  Catherine  presented  to  the 
courts  of  London,  France  and  Spain,  a  spirited  declaration,  on 
the  subject  of  neutral  rights.  She  claimed,  that  neutral  ships 
should  enjoy  a  free  navigation,  even  from  port  to  port,  on  the 
coasts  of  the  belligerents — that  free  ships  should  make  free  goods 
with  the  exception  of  contraband  of  war  ;  and  that  no  port' should 
be  deemed  blockaded,  but  such  as  was  invested  by  a  number  of 
enemy's  ships  so  near  as  to  render  an  entry  dangerous. 

The  proceedings  of  Russia  and  of  the  other  neutral  powers 
connected  with  her,  in  an  armed  defense  of  these  principles, 
were  approved  by  congress ;  and  in  October  of  the  same  year, 
the  commanders  of  American  armed  vessels  were  instructed  to 
conform  to  the  principles  contained  in  the  declaration  of  the  em 
press.  Soon  after  this,  Francis  Dana  was  appointed  minister 
to  the  Russian  court,  with  power  to  accede,  in  behalf  of  the  Uni 
ted  States,  to  a  convention  among  the  neutral  and  belligerent 
powers  in  Europe,  for  protecting  the  freedom  of  commerce  and 
the  rights  of  nations — he  was  also  instructed  to  propose  a  treaty 
of  amity  and  commerce  between  the  United  States  and  Russia. 
He  was,  however,  directed  to  consult  the  American  ministers  in 
Europe,  as  well  as  the  French  court,  respecting  the  objects  of  his 
mission. 

In  the  mean  time  the  empress  of  Russia  offered  herself  to 
the  court  of  London,  as  a  mediatrix,  between  the  belligerents  in 
Europe  ;  and  at  the  desire  of  the  British  court,  the  emperor  of 
Germany  agreed  to  take  part,  in  this  mediation. 

This  offer  was  first  made  known  to  congress,  in  May,  1781,  in 
a  memorial  presented  to  that  body,  by  the  chevalier  de  la  Lu- 
zerne. 

The  French  minister  stated,  that  the  mediatiorfhad  been  ac 
cepted  by  Great  Britain,  but  that  the  court  of  France  could  not 
accept  it,  without  the  consent  of  its  allies— that  the  kjjig,  at 

VOL.  II.  14 


106  POLITICAL  AND  CIVIL  HISTORY 

least,  wished  to  have  their  assent  before  he  formally  agreed  to 
it — that  circumstances,  joined  to  the  confidence  he  had  in  the 
mediation,  and  in  the  justice  of  his  cause  and  that  of  his  allies, 
might  induce  him  to  enter  upon  the  negociation,  before  the  an 
swer  of  congress  could  arrive.  In  either  case,  he  said,  it  was  of 
great  importance  that  congress  should  give  their  plenipotentiary 
instructions  proper  to  announce  their  disposition  to  peace,  as  well 
as  their  moderation,  and  to  convince  the  powers  of  Europe,  that 
the  independence  of  the  United  States,  and  the  engagements 
they  had  contracted  with  the  king,  were  the  sole  motives  which 
determined  them  to  continue  the  war  ;  and  that  when  they  should 
have  full  and  satisfactory  assurances,  on  these  two  capital  points, 
they  were  ready  to  conclude  a  peace. 

"  The  manner  of  conducting  the  negociation,"  the  minister 
said,  "  the  extent  of  the  powers  of  the  American  plenipotentiary, 
the  use  to  be  made  of  them,  and  the  confidence  to  be  reposed  in 
the  French  plenipotentiaries  and  the  king's  ministers,  are  points 
which  should  be  fully  discussed  with  a  committee." 

To  this  committee  the  minister  said  he  should  communicate, 
"  some  circumstances  relative  to  the  sending  Mr.  Cumberland  to 
Madrid ;  to  the  use  which  Mr.  Adams  thought  he  was  authorized 
to  make  of  his  plenipotentiary  powers ;  to  the  mission  of  Mr. 
Dana  ;  to  the  association  of  the  neutral  powers,  and  to  the  pre 
sent  state  of  affairs  in  the  south."* 

Agreeably  to  the  suggestion  of  the  minister,  Mr.  Carroll,  Mr. 
Jones,  Mr.  Witherspoon,  Mr.  Sullivan,  and  Mr.  Matthews,  were 
appointed  a  committee  to  confer  with  him,  on  the  subject  of  his 
memorial.  In  this  conference,  he  informed  the  committee  that 
the  proceedings  of  congress  in  relation  to  the  association  of  the 
neutral  powers,  were  approved  by  the  king  ;  and  that  they  would, 
no  doubt,  be  agreeable  to  the  empress  of  Russia.  The  appoint 
ment  of  an  American  minister,  however,  to  the  court  of  St.  Pe 
tersburg,  was  deemed  premature,  as  the  empress,  in  consequence 
of  her  offer  oftnediation,  could  take  no  step,  which  would  show 
the  least  partiality  in  favor  of  the  Americans. 

*  Note  10. 


OF  THE  UNITED  STATES.  107 

The  views  and  wishes  of  the  French  court,  in  relation  to  the 
American  negociator  and  his  instructions,  were  fully  disclosed  in 
this  conference. 

"  The  minister  communicated  to  them,"  the  committee  say  in 
their  report  to  congress,  "  several  observations  respecting  the 
conduct  of  Mr.  Adams  ;  and  in  doing  justice  to  his  patriotic  char 
acter,  he  gave  notice  to  the  committee  of  several  circumstances 
which  proved  it  necessary  that  congress  should  draw  a  line  of 
conduct  to  that  minister,  of  which  he  might  not  be  allowed  to 
lose  sight.  The  minister  dwelt  especially  on  a  circumstance  al 
ready  known  to  congress,  namely,  the  use  which  Mr.  Adams 
thought  he  had  a  right  to  make  of  his  powers  to  treat  with  Great 
Britain. 

"  The  minister  concluded  on  this  subject,"  the  committee  say, 
"that  if  congress  put  any  confidence  in  the  king's  friendship  and 
benevolence  ;  if  they  were  persuaded  of  his  irrevocable  attach 
ment  to  the  principle  of  the  alliance,  and  of  his  firm  resolution 
constantly  to  support  the  cause  of  the  United  States,  they  would 
be  impressed  with  the  necessity  of  prescribing  to  their  plenipo 
tentiary  a  perfect  and  open  confidence  in  the  French  ministers, 
and  a  thorough  reliance  on  the  king ;  and  would  direct  him  to 
take  no  step  without  the  approbation  of  his  majesty  ;  and  after 
giving  him,  in  his  instructions,  the  principal  and  most  important 
outlines  of  his  conduct,  they  would  order  him,  with  respect  to  the 
manner  of  carrying  them  into  execution,  to  receive  his  directions 
from  the  count  de  Vergennes,  or  from  the  person  who  might  be 
charged  with  the  negociation  in  the  name  of  the  king." 

The  minister  urged  the  necessity  of  despatch,  in  preparing 
instructions,  as  the  negociations  might  be  soon  opened,  and  as 
Great  Britain,  through  Mr.  Cumberland,  was  attempting  to  in 
duce  Spain  to  make  a  separate  peace.  He  also  stated,  that  the 
greatest  difficulty  in  the  negociation  would  arise,  in  the  articles 
relating  to  America ;  he  therefore  thought  proper,  to  impress 
them,  "  with  the  necessity  congress  were  under,  of  securing  in 
their  favor  the  benevolence  and  good  will  of  the  mediating  pow 
ers,  by  presenting  their  demands  with  the  greatest  moderation 


108  POLITICAL  AND  CIVIL  HISTORY 

^  ,  * 

and  reserve,  save  independence,  which  will  not  admit  of  any  mod 
ification."* 

The  result  of  this  interesting  conference,  clearly  evinced  an  in 
tention  on  the  part  of  the  French  court,  to  have  the  terms  of 
peace,  in  respect  to  the  United  States,  at  the  control  of  the 
French  minister,  with  the  exception  of  the  question  of  independ 
ence.  The  appointment  of  Mr.  Adams  sole  negociator,  was 
highly  displeasing  to  Vergennes,  and  the  use  he  had  made  of 
his  powers,  had  been  a  subject  of  complaint  to  congress.  Mr. 
Adams  possessed,  no  doubt,  too  unyielding  and  independent 
a  spirit  for  the  French  prime  minister,  and  was  too  little  of  a  cour 
tier  to  please  the  cabinet  of  Versailles. 

In  consequence  of  this  representation  on  the  part  of  the  French 
government,  congress  resumed  the  important  subject  of  instruc 
tions  to  their  minister  for  negociating  peace.  After  considerable 
debate  on  the  question  of  boundaries,  the  fisheries,  and  the  still 
more  delicate  subject  suggested  by  the  French  minister,  of  pla 
cing  their  plenipotentiary  under  the  control  of  the  French  mon 
arch  ;  and  after  associating  Dr.  Franklin,  Mr.  Jay,  Mr.  Laurens, 
and  Mr.  Jefferson,  with  Mr.  Adams,  they  finally,  on  the  15th  day 
of  June,  1781,  gave  them  the  following  instructions  : — 

"  You  are  hereby  authorized  and  instructed  to  concur  in  be 
half  of  the  United  States,  with  his  most  Christian  majesty,  in  ac 
cepting  the  mediation  proposed  by  the  empress  of  Russia  and 
the  emperor  of  Germany. 

"  You  are  to  accede  to  no  treaty  of  peace  which  shall  not  be 
such  as  may, 

"  1st,  Effectually  secure  the  independence  and  sovereignty  of 
the  thirteen  states,  according  to  the  form  and  effect  of  the  trea 
ties  subsisting  between  the  said  states  and  his  most  Christian  ma 
jesty, — and 

"  2d,  In  which  the  said  treaties  shall  not  be  left  in  their  full 
force  and  validity. 

"  As  to  disputed  boundaries  and  other  particulars,  we  refer  you 
to  the  instructions  formerly  given  to  Mr.  Adams,  dated  August 

*  Note  11. 


OF  tHE  UNITED  STATES.  103 

14th,  1779,  and  18th  of  October,  1730,  from  which  you  will  easi 
ly  perceive  the  desires  and  expectations  of  congress  ;  but  we  think 
it  unsafe,  at  this  distance,  to  tie  you  up  by  absolute  and  peremp 
tory  directions  upon  any  other  subject  than  the  two  essential  ar 
ticles  abovementioned.  You  are,  therefore,  at  liberty  to  secure 
the  interest  of  the  United  States  in  such  manner  as  circumstances 
may  direct,  and  as  the  state  of  the  belligerent,  and  the  disposition 
of  the  mediating  powers  may  require.  For  this  purpose,  you  are 
to  make  the  most  candid  and  confidential  communications  upon 
all  subjects,  to  the  ministers  of  our  generous  ally,  the  king  of 
France  ;  to  undertake  nothing  in  the  negociations  for  peace  or 
truce  without  their  knowledge  and  concurrence,  and  ultimately 
to  govern  yourselves  by  their  advice  and  opinion  ;  endeavoring  in 
your  whole  conduct  to  make  them  sensible  how  much  we  rely  on 
his  majesty's  influence  for  effectual  support,  in  every  thing  that 
may  be  necessary  to  the  present  security  or  future  prosperity  of 
the  United  States  of  America. 

"  If  a  difficulty  should  arise  in  the  course  of  the  negociation 
for  peace,  from  the  backwardness  of  Britain  to  make  a  formal 
acknowledgment  of  our  independence,  you  are  at  liberty  to  agree 
to  a  truce,  or  to  make  such  other  concessions  as  may  not  affect 
the  substance  of  what  we  contend  for ;  and  provided  that  Great 
Britain  be  not  left  in  possession  of  any  part  of  the  thirteen  United 
States."* 

While  the  subject  of  boundaries  was  under  discussion,  the  state 
of  Virginia  moved  in  the  first  place,  that  the  American  negocia- 
tors  should  not  recede  from  their  former  ultimatum,  in  any  part, 
except  with  respect  to  so  much  thereof,  as  delineated  the  bounda 
ry  from  the  intersection  of  the  forty-fifth  degree  of  north  latitude, 
with  the  river  St.  Lawrence,  to  the  mouth  of  the  Illinois  river, 
from  which  they  might  recede  so  far,  as  to  agree  that  the  boun 
dary  between  these  two  points  should  run  from  the  said  intersec 
tion  through  the  middle  of  said  rivers,  of  lake  Ontario,  of  the  strait 
of  Niagara,  and  of  lake  Erie,  to  the  mouth  of  the  Miami  river, 
thence  to  a  direct  line  to  the  source  of  the  Illinois,  and  thence 

*  Secret  Jomnals  of  Congress,  volume  2,  pp.  446,  447. 


110  POLITICAL  AND  CIVIL  HISTORY 

down  the  middle  of  that  river  to  its  confluence  with  the  Mississip 
pi.  This  being  rejected  by  all  the  states  except  Virginia  ;  the 
latter  then  proposed  that  they  should  not  in  any  case  agree  "  to 
a  cession  of  any  part  of  the  territory  lying  on  the  south  east  side 
of  the  Ohio  ;  nor  admit  any  exclusive  claim  on  the  part  of  Great 
Britain  to  the  territory  lying  between  the  said  river,  the  rivers 
Mississippi  and  Illinois,  and  the  lakes  Erie  and  Ontario.'"  This, 
also,  was  negatived  by  a  large  majority. 

The  states  were,  also,  divided  on  the  interesting  and  delicate 
question,  respecting  the  power  of  France,  in  relation  to  the  terms 
of  peace.  A  majority  were  at  first  unwilling  to  place  their  min 
isters  entirely  under  the  control  of  the  French  court ;  and  their 
instructions  were  drawn  without  a  clause  to  that  effect.  A  com 
mittee  was  appointed  to  communicate  them  to  the  French  min 
ister,  and  to  confer  with  him  on  the  subject.  This  committee  re 
ported  an  amendment,  adding  the  words  "  ultimately  to  govern 
yourselves  by  their  advice  and  opinion  ;"  and  this  amendment  was 
sanctioned  by  a  majority  of  the  states.  Massachusetts,  Rhode 
Island,  Connecticut,  and  Delaware,  however,  retained  independ 
ence  enough  to  vote  against  it,  and  Pennsylvania  was  divided. 
Mr.  Adams  and  Mr.  Jay  had  strong  objections  to  this  part  of 
their  instructions.  The  latter  stated  his  objections  to  congress, 
and  he  consented  to  act  under  them  with  very  great  reluc 
tance. 

The  mediation  having  been  accepted  by  the  belligerents  in 
Europe,  the  mediating  powers  transmitted  to  the  courts  of  Lon 
don,  Paris,  and  Madrid,  "  articles  to  serve  as  a  foundation  of  the 
negociations  for  the  re-establishment  of  peace." 

A  congress  was  to  be  held  at  Vienna,  where  treaties  were  to 
be  made,  agreeably  to  the  articles,  under  the  care  of  the  two  im 
perial  courts. 

The  articles  relating  to  the  United  States  were — 

"  Art.  I.  There  shall  be  a  treaty  between  Great  Britain  and 
the  American  colonies,  concerning  the  re-establishment  of  peace 
in  America ;  but  without  the  intervention  of  any  of  the  other  bel 
ligerent  parties,  nor  even  that  of  the  two  imperial  courts,  at  least. 


OF  THE  UNITED  STATES.  1 1 1 

unless  their  mediation  shall  be  formally  demanded,  and  granted 
upon  this  object. 

"  Art.  II.  This  particular  peace  shall  not,  however,  be  signed, 
but  conjointly  and  at  the  same  time  with  that  of  the  powers, 
whose  interests  shall  have  been  treated  by  the  mediating  courts. 
The  two  peaces,  by  this  means,  although  they  may  be  treated 
separately,  not  being  to  be  concluded  the  one  without  the  other, 
they  shall  take  care  constantly  to  inform  the  mediators,  of  the  pro 
gress  of  the  state  of  that  which  regards  Great  Britain  and  the  col 
onies,  to  the  end  that  the  mediation  may  be  in  a  situation  to  reg 
ulate  itself,  in  the  prosecution  of  that  which  is  confided  to  it,  ac 
cording  to  the  state  of  the  negociation  relative  to  the  colonies ; 
and  the  one  or  the  other  of  the  two  pacifications  which  shall  have 
been  concluded,  at  the  same  time,  although  separately,  shall  be 
solemnly  warranted  by  the  mediating  courts,  and  every  other  neu 
tral  power  whose  warranty  the  belligerent  parties  may  judge  pro 
per  to  demand. 

"  Art.  III.  For  rendering  the  pacific  negociations  independent 
of  the  events,  always  uncertain  of  war,  which  might  stop  or  at 
least  interrupt  the  progress  of  them,  there  shall  be  a  general  ar 
mistice  between  all  the  parties,  during  the  term  of  one  year,  to  be 
computed  from  the  day  of  the  month  of  of  the  present 

year,  or  of  years,  to  be  computed  from  the  of  the  month  of 
,  of  the  year  1782,  if  it  should  happen  that  the  general 
peace  should  not  be  established  in  the  course  of  the  first  term. 
And  during  the  continuance  of  one  or  the  other  of  these  two 
terms,  all  things  shall  remain  in  the  state  in  which  they  shall  be 
found  to  have  been,  on  the  day  of  the  signature  of  the  present 
preliminary  articles."* 

Mr.  Adams,  soon  after  he  was  appointed  minister,  sailed  for 
Europe.  He  remained  in  France,  until  August,  1780,  when  he 
went  to  Holland.  In  July,  1781 ,  Vergennes  invited  him  to  Paris, 
to  confer  on  the  subject  of  peace,  under  the  mediation  abovemen- 
iioned.  Mr.  Adams  was  opposed  to  the  third  article,  relative 

*  Mr.  Adams'  Correspondence,  pp.  109, 110. 


112  POLITICAL  AND  CIVIL  HISTORY 

to  an  armistice,  and  the  statu  quo ;  and  stated  his  objections  to 
the  French  minister. 

He  was  indeed  instructed  to  agree  to  no  truce,  unless  it  should 
be  for  so  long  a  period,  as  to  evince  that  it  was  on  the  part  of 
Great  Britain  a  virtual  relinquishment  of  the  war,  and  only  an 
expedient  to  avoid  an  express  acknowledgment  of  the  independ 
ence  of  the  United  States.  A  question  arose,  in  what  character 
Mr.  Adams  was  to  appear  at  the  proposed  congress  at  Vienna, 
whether  as  the  representative  of  an  independent  state,  or  other 
wise. 

The  court  of  France  was  informed,  that  the  king  of  Great 
Britain  in  accepting  the  mediation,  declared,  he  was  ready  to 
make  peace,  "  as  soon  as  the  league  between  France  and  his  re 
volted  colonies  should  be  dissolved." 

Without  a  variation  of  the  haughty  terms  proposed  by  the 
court  of  London,  it  was  evident  nothing  could  be  done  at  Vienna, 
so  far  as  the  United  States  were  concerned. 

Mr.  Adams  utterly  refused  to  appear  at  the  congress  but  as 
the  representative  of  an  independent  nation.  In  a  letter  to  Ver- 
gennes  on  this  subject,  among  other  things,  he  said  : — 

"  It  is  impossible  that  there  should  be  a  treaty  between  Great 
Britain  and  the  United  States,  at  Vienna,  unless  both  powers  ap 
pear  there,  by  representatives,  who  must  be  authorized  by  com 
missions  or  full  powers,  which  must  be  mutually  exchanged,  and 
consequently  admitted  to  be,  what  upon  the  face  of  them  they 
purport  to  be.  The  commission  from  the  United  States,  for 
making  peace,  which  has  been  in  Europe  almost  two  years,  is 
that  of  a  minister  plenipotentiary ;  and  it  authorizes  him  to  treat 
only  with  ministers  vested  with  equal  powers.  If  he  were  to  ap 
pear  at  Vienna,  he  would  certainly  assume  the  title  and  charac 
ter  of  minister  plenipotentiary  ;  and  he  could  enter  into  no  treaty 
or  conference  with  any  minister  from  Great  Britain,  until  they  had 
mutually  exchanged  authentic  copies  of  their  full  powers. 

"  This,  it  is  true,  wculd  be  an  acknowledgment  of  his  character 
and  title,  and  of  those  of  the  United  States  too  ;  but  such  an  ack 
nowledgment  is  indispensable,  because,  without  it,  there  can  be 


OF  THE  UNITED  STATES,  113 

no  treaty  at  all.  In  consequence,  he  would  expect  to  enjoy  all 
the  prerogatives  of  that  character,  and  the  moment  they  should 
be  denied  him,  he  must  quit  the  congress,  let  the  consequences 
be  what  they  might.  And,  I  rely  upon  it,  this  is  the  intention  of 
the  two  imperial  courts,  because  otherwise  they  would  have  pro 
posed  the  congress,  upon  the  two  preliminaries,  a  rupture  of  the 
treaty  (with  France)  and  the  return  of  the  Americans  to  their 
submission  to  Great  Britain,  insisted  upon  by  her  ;  and  because  I 
cannot  suppose  it  possible  that  the  imperial  courts  could  believe 
the  Americans  capable  of  such  infinite  baseness,  as  to  appear  in 
such  a  posture  ;  nor  can  I  suppose  that  they  mean  to  fix  a  mark 
of  disgrace  upon  the  Americans,  or  to  pronounce  judgment 
against  them ;  and  because,  otherwise,  all  their  propositions  would 
be  to  no  effect,  for  no  congress  at  Vienna  can  make  either  one  or 
the  other  of  the  two  proposed  peaces,  without  the  United  States. 
.  "  Upon  looking  over  again  the  words  of  the  first  article,  there 
seems  to  be  room  for  dispute,  which  a  British  minister,  in  the  pre 
sent  state  of  his  country,  would  be  capable  of  taking  advantage 
of.  The  terms  which  are  used  are  exceptionable.  There  are 
no  American  colonies  at  war  with  Great  Britain.  The  power  at 
war  is  the  United  States  of  America.  No  American  colonies 
have  any  representative  in  Europe,  unless  Nova  Scotia  or  Que 
bec  may  have  an  agent  in  London.  The  word  colony  implies  a 
metropolis,  a  mother  country,  a  superior  political  governor,  ideas 
which  the  United  States  of  America  have  long  since  renounced, 
forever. 

"  I  am,  therefore,  clear,  in  my  own  opinion,  that  a  more  expli 
cit  declaration  ought  to  be  insisted  on,  and  that  no  American 
representative  ought  to  appear,  without  an  express  assurance, 
that  while  the  congress  lasts,  and  in  going  to  it,  and  from  it,  he 
shall  be  considered  as  a  minister  plenipotentiary  from  the  United 
States  of  America,  and  entitled  to  all  the  preprogatives  of  a 
minister  plenipotentiary  of  a  sovereign  power.  The  congress 
might  be  to  him  and  his  country  but  a  snare,  unless  the  substance 
of  this  is  intended,  and  if  it  is  intended,  there  can  be  no  sufficient 
reason  for  declining  to  express  it  in  words.  If  there  is  a  power 
VOL.  II.  15 


H4  POLITICAL  AND  CIVIL  HISTORY 

upon  earth  which  imagines  that  America  will  ever  appear  at  a 
congress,  before  a  minister  of  Great  Britain  or  any  other  power, 
in  the  character  of  repenting  subjects,  supplicating  an  amnesty  or 
a  warranty  of  an  amnesty,  that  power  is  infinitely  deceived. 
There  are  very  few  Americans  who  would  hold  their  lives  upon 
such  terms.  And  all  such  ideas  ought  forever  to  be  laid  aside  by 
the  British  ministry  before  they  propose  mediations.  The  very 
mention  of  such  a  thing  to  the  United  States  by  Great  Britain 
would  be  considered  only  as  another  repetition  of  injury  and  in 
sult.  It  would  be  little  less  to  France." 

The  answer  of  his  most  Christian  majesty  to  the  mediators,  on 
this  question,  wras  in  accordance  with  the  views  of  Mr.  Adams. 

"  The  two  imperial  courts  cannot  flatter  themselves,  that  they 
can  conduct  the  mediation  to  an  happy  conclusion,  if  they  do  not 
provide  against  the  subterfuges,  the  subtleties,  and  the  false  inter 
pretations,  which  any  of  the  belligerent  powers  may  employ,  for 
understanding  according  to  its  views,  the  preliminary  proposi 
tions.  There  is  the  difficulty  which  would  infallibly  occur,  if  we 
do  not  determine,  beforehand,  the  sense  of  the  expressions  which 
relate  to  the  Americans.  The  court  of  London,  who  will  elude 
as  much  and  as  long  as  she  can,  any  direct  and  indirect  avowal 
of  the  independence  of  the  United  States,  will  take  advantage  of 
the  general  terms  we  employ  in  speaking  of  them,  to  maintain 
that  she  is  not  obliged  to  treat  with  her  ancient  colonies,  as  with 
a  free  and  independent  nation  :  That  she  is  not,  consequently, 
in  a  situation  to  admit  a  plenipotentiary  on  their  part :  That  she 
is  the  mistress  to  see  nothing  in  their  representative  but  the  depu 
ty  of  a  portion  of  her  subjects,  who  appear  to  sue  for  pardon : 
From  which  it  would  result,  when  the  mediation  should  be  in  ac 
tivity,  and  the  question  should  be  to  open  and  commence  the  ne- 
gociations,  that  they  would  begin  to  contest  concerning  the  char 
acter  which  the  American  plenipotentiary  may  display  :  That  the 
king  of  England  will  not  regard  him,  but  as  his  subject,  while  the 
congress  shall  demand  that  he  be  admitted  as  the  representative 
of  a  free  people  ;  by  which  means  the  mediation  will  find  itself 
arrested  in  its  first  step. 


OF  THE  UNITED  STATES.  115 

**  To  prevent  this  inconvenience,  it  seems,  that  before  all  things, 
the  character  of  the  American  agent  ought  to  be  determined  in 
a  manner  the  most  precise  and  positive,  and  that  the  congress 
ought  to  be  invited  to  confide  its  interests  to  the  mediation.  This 
invitation  is  so  much  the  more  indispensable,  as  the  negociations 
relative  to  America,  must  march  with  an  equal  step  with  that 
which  the  court  of  Versailles  and  Madrid  will  pursue  ;  and  by 
consequence,  these  two  negociations,  although  separate,  must 
be  commenced  at  the  same  time." 

The  answer  of  the  French  court  being  communicated  by  one 
of  the  mediating  powers,  to  the  cabinet  of  London,  his  Britannic 
majesty,  on  the  15th  of  June,  1781,  declared  in  reply,  that  he 
could  not  in  any  manner  or  form  whatever,  admit  the  interference 
of  any  foreign  power,  between  him  and  his  rebel  subjects  ;  and 
therefore  would  not  agree  to  the  admission  of  any  person  as  their 
minister  at  the  proposed  congress,  as  this  would  be  totally  incom 
patible  with  their  situation  as  subjects.  He  would  not,  he  said,  con 
sent  to  any  measure,  which  might  limit  or  suspend  the  exercise  of 
the  right  every  sovereign  had,  to  employ  the  means  in  his  power, 
to  put  an  end  to  a  rebellion  in  his  own  dominions  ;  and  that  the  me 
diation  of  the  two  imperial  courts  must  be  limited  to  a  peace  be 
tween  the  European  belligerents,  and  not  to  a  peace  with  his  re 
volted  subjects.*  He  declared  at  the  same  time,  "  that  in  all 
points  to  be  agitated  in  a  future  congress,  England  will  behave 
with  great  equity  and  condesension  ;  but  the  dependence  of  her 
rebel  subjects  in  America  must  be  pre-established,  and  that  this 
matter  must  be  left  entirely  to  the  care  of  Great  Britain."! 

The  views  of  the  imperial  courts  on  this  point  were  in  accord 
ance  with  those  of  the  British  cabinet.  They  were  unwilling  in 
directly  to  acknowledge  the  independence  of  the  United  States, 
without  the  consent  of  Great  Britain.  These  views  were  made 
known  to  Mr.  Dana,  by  a  letter  from  the  marquis  de  Verac,  the 
French  minister  at  St.  Petersburgh,  in  September,  1781.  Refer 
ring  to  the  first  preliminary  article,  he  said,  "  the  mediating  powers 

*  Histoire  &c.  de  laDiplomatie  Francaise,  vol.  7. 
t  Secret  Journals  of  Congress,  vol.  3,  pp.  28,  29. 


116  POLITICAL  AND  CIVIL  HISTORY,  &c. 

understand  by  this,  that  your  deputies  shall  treat  simply  with  the 
English  ministers,  as  they  have  already  treated  in  America,  with 
the  commissioners  of  Great  Britain,  in  1778.  That  the  conclusion 
of  their  negociations  shall  teach  the  other  powers  upon  what  foot 
ing  they  are  to  be  regarded,  and  that  their  public  character  shall 
be  acknowledged  without  difficulty,  from  the  moment  when  the 
English  themselves  shall  no  longer  oppose  it."*  The  reply  of  the 
court  of  London,  put  an  end  to  all  farther  proceedings  under  the 
mediation  of  the  imperial  courts. 

*  Mr.  Adams'  Correspondence,  p.  136, 


CHAPTER  XV. 

France  assists  America  with  troops — 6000  arrive  at  Newport  in  July,  1780 — In  the 
spring  of  1781,  join  the  American  army  near  New  York — Assist  in  the  capture  of 
lord  Cornwallis  in  October  of  the  same  year — British  ministiy  again  attempt  to 
make  separate  treaties  with  United  States  and  France — Make  advantageous  offers 
to  the  latter— Both  nations  refuse  to  treat  separately— Change  of  ministry  in  England 
— Pacific  overtures  made  by  the  new  administration — Mr.  Oswald  sent  to  Paris  on 
the  subject — His  reception  by  Dr.  Franklin  and  the  French  minister — Agree  to  treat 
of  peace  at  Paris — Mr.  Grenville  sent  as  minister  by  the  British — Commissioners 
of  peace  about  the  same  time  sent  to  America — Congress  refuse  to  treat  with  them 
— Grenville  declares  to  Dr.  Franklin  that  the  independence  of  the  United  States 
was  to  be  acknowledged  as  a  preliminary — New  administration  in  England  in  con 
sequence  of  the  death  of  the  marquis  of  Rockingham — Lord  Shelburne  placed  at  the 
head  of  it — Opposed  to  an  express  and  open  acknowledgment  of  American  indepen 
dence — Supposed  to  have  sent  Mr.  Jones  to  Paris  secretly  to  sound  the  American 
ministers  on  the  subject — Mr.  Jones  arrives  at  Paris — Makes  an  extraordinary  com 
munication  to  Dr.  Franklin — Great  difficulties  respecting  the  powers  of  the  British 
negociators — Mr.  Jay  refuses  to  treat  except  as  the  representative  of  an  independent 
nation — Views  of  the  French  minister  on  this  subject — Grenville  recalled—Oswald 
appointed  to  treat  with  America— His  powers  finally  satisfactory— Negociations 
commence— American  commissioners  and  Mr.  Oswald  agree  on  articles  concerning 
boundaries  and  the  fisheries  to  be  inserted  in  a  treaty  if  approved  by  the  British 
cabinet— Sent  to  London— Mr.  Jay  resumes  negociations  with  Spain  at  Paris — 
Views  of  the  Spanish  and  French  courts  concerning  the  western  bounds  of  the 
United  States — Western  line  designated  by  the  Spanish  minister — Not  approved 
ty  the  American  ministers— Extraordinary  communication  made  to  Mr.  Jay  on  this 
subject  by  the  secretary  of  Vergennes — Views  of  France  on  the  subject  of  the  fish 
eries—Articles  sent  to  London  not  agreed  to  by  the  British  court— Mr.  Strachey 
sent  to  Paris  to  assist  Mr.  Oswald  in  further  negociations-— The  subjects  of  boun 
daries,  the  fisheries,  and  compensation  to  the  loyalists  create  great  difficulties— Fi 
nally  settled  by  a  provisional  treaty— This  treaty  concluded  by  the  American  minis 
ter  without  consulting  the  French  court — Reasons  of  this— Correspondence  be 
tween  Dr.  Franklin  and  Vergennes  on  this  point— Delay  in  the  negociations  be 
tween  Great  Britain  and  France  and  Spain  occasioned  by  the  demand  made  by 
Spain,  for  the  surrender  of  Gibraltar— Majority  of  the  British  cabinet  agree  to  give 
up  this  fortress  on  certain  conditions- —The  British  monarch  refuses  to  give  it  on 
any  terms— Spanish  minister  obliged  to  relinquish  the  demand  and  treaties  between 
those  powers  finally  concluded— The  treaties  not  approved  by  the  house  of  com 
mons—Change  of  administration— Provisional  treaty  ratified  by  the  United  States 
— The  article  about  debts  not  satisfactory  to  some  of  the  states— David  Hartley 
sent  by  the  new  ministry  to  complete  the  definite  treaty— Negociators  not  able  to 
agree  on  any  new  terms,  or  to  make  any  commercial  arrangements.  ^ 

FRANCE  generously  assisted  the  United  States  with  men  as  well 
tas  money.     In  July,  1 780,  a  French  fleet  with  six  thousand  troops, 


118  POLITICAL  AND  CIVIL  HISTORY 

arrived  at  Newport,  in  Rhode  Island ;  and  the  next  spring  these 
troops  joined  the  American  army  near  New  York.  After  mak 
ing  great  preparations  apparently  with  a  view  to  attack  that 
city,  the  allied  army  suddenly  marched  to  the  south  to  meet 
the  British  forces  in  that  quarter.  By  their  united  efforts, 
with  the  assistance  of  a  French  fleet  at  the  entrance  of  the  Ches- 
apeak,  the  British  army,  under  lord  Cornwallis,  was  compelled  to 
surrender,  on  the  17th  of  October,  1781.  This  brilliant  achieve 
ment  put  an  end  to  military  operations  in  America.  Soon  after 
this  Mr.  Hartley,  with  the  knowledge  of  lord  North,  again  applied 
to  Dr.  Franklin  and  to  Mr.  Adams,  on  the  subject  of  a  peace  or 
truce.  The  object  of  the  ministry  was  to  enter  into  some  ar 
rangements  with  the  United  States,  separate  from  France  ;  this, 
the  American  ministers  declined.  At  the  same  time,  the  British 
sent  an  emissary  to  the  count  de  Vergennes,  to  sound  him  on  the 
subject  of  a  treaty  separate  from  America.  This  emissary  was  a 
Mr.  Forth,  formerly  secretary  to  lord  Stormont ;  and  through 
him  very  advantageous  offers  were  made,  to  induce  France  to 
abandon  her  American  allies.  Among  these  offers,  France  was 
to  retain  all  her  conquests  in  the  West  Indies  ;  the  British  were  to 
relinquish  their  right  to  have  a  commissary  at  Dunkirk,  and  to 
grant  the  French  advantages  in  the  East  Indies  ;  and  Dr.  Frank 
lin  understood  that  the  British  ministry  went  so  far,  as  to  offer  to 
restore  Canada.  France,  however,  refused  to  listen  to  these  over 
tures,  or  to  enter  into  negociations  without  the  concurrence  of 
her  allies.* 

Before  inviting  the  attention  of  the  reader  to  the  change  of  the 
British  administration,  and  the  final  overtures  and  negociations 
for  peace,  we  would  observe,  that  after  the  capture  of  the  British 
army  at  Yorktown,  the  subject  of  the  terms  of  peace  again  came 
before  congress.  The  people  of  Massachusetts  had  not  been  in 
attentive  to  the  important  subject  of  the  fisheries.  On  the  1 7th 
of  November,  1781,  the  legislature  of  that  state,  instructed  their 
delegates  to  "  represent  to  congress  the  importance  of  the  fishe 
ries  to  that  state,  and  to  use  their  utmost  influence,  that  instruc- 

*  Franklin's  Works,  vol.  6,  and  Secret  Journals  of  Congress,  vol.  3. 


OF  THE  UNITED  STATES.  119 

tions  be  given  to  the  ministers  appointed  by  congress  for  nego- 
ciating  peace,  in  the  most  pressing  manner,  to  insist,  that  the 
free  and  unmolested  exercise  of  this  right  be  continued  and  se 
cured  to  the  subjects  of  the  United  States  of  America,  in  a  future 
settlement  of  peace."  This  representation  with  other  papers  re 
lating  to  the  same  subject,  were  referred  to  a  committee,  con 
sisting  of  Mr.  Lovell,  Mr.  Carroll,  and  Mr.  Madison,  who  early  in 
January,  1782,  made  a  report,  in  which  they  recommended  that 
the  American  ministers  for  negociating  peace,  be  further  instruct 
ed,  not  only  with  respect  to  the  fisheries,  but  the  boundaries  and 
the  loyalists. 

As  the  terms  of  peace  had  been  placed  under  the  control  of 
the  French  court,  it  was,  no  doubt,  considered  too  late,  to  revoke 
the  authority  thus  given  to  their  ally,  or  that  this  could  not  be 
done,  without  hazarding  too  much ;  the  committee,  however,  were 
of  opinion,  that  a  representation  should  be  made  to  his  most 
Christian  majesty,  through  the  American  ministers,  showing  the 
views  and  expectations  of  the  United  States  on  these  subjects. 
They,  therefore,  recommended  that  the  American  negociators, 
"  be  instructed  to  acquaint  his  most  Christian  majesty,  that  not 
withstanding  the  occasion  presented  to  the  United  States,  by  the 
signal  advantages  gained  over  the  enemy,  of  enlarging  their  ulti 
matum  for  peace,  the  firm  reliance  which  congress  have  on  the 
friendship  and  influence  of  his  majesty  has  determined  them  not 
to  depart  from  their  resolution,  by  which  all  the  objects  of  their 
desires  and  expectations,  excepting  only  the  independence  of  the 
United  States  and  their  alliance  with  his  majesty,  are  eventually 
submitted  to  his  councils.  But  that,  in  order  to  make  him  more 
sensible  of  the  extent  and  foundation  of  their  desires  and  expec 
tations,  have  thought  it  expedient  that  some  observations  should 
be  made  to  him  relative  to  the  several  objects,  which  are  most 
likely  to  fall  within  the  compass  of  negociation." 

The  committee  then  endeavored  to  prove  by  facts  and  reason 
ing,  that  the  United  States  had  good  right  to  the  boundaries,  and 
to  the  fisheries,  as  claimed  in  their  original  instructions  to  Mr, 
Adams ;  and  that  his  most  Christian  majesty,  as  well  as  the  Amer- 


120  POLITICAL  AND  CIVIL  HISTORY 

ican  ministers  should  insist  on  them.  This  report  was  recommit- 
ted  to  Mr.  Carroll,  Mr.  Randolph,  and  Mr.  Montgomery.  The 
subject  was  before  this  committee  until  August  following,  when 
they  reported  "  facts  and  observations  in  support  of  the  several 
claims  of  the  United  States,  not  included  in  their  ultimatum  of 
the  15th  of  June,  1781. " 

These  facts  and  observations  were  presented  in  detail,  and  as 
to  boundaries,  the  claim  on  the  part  of  the  United  States  was 
founded  on  the  various  original  grants  made  to  the  states  them 
selves  while  colonies.  This  second  report  was  recommitted  and 
never  finally  acted  upon  by  congress.  The  members  were  at 
that  period,  much  divided  on  the  subject  of  the  claims  of  the  in 
dividual  states  to  the  western  territory,  and  this  might  be  one 
reason  why  many  were  unwilling  to  give  an  indirect  sanction  to 
these  claims,  by  accepting  this  report.  The  minister  of  France,  af 
terwards,  in  a  communication  made  to  congress,  on  the  subject 
of  peace,  declared,  "  that  when  negociations  are  entered  into 
with  sincerity,  the  king  would  most  readily  employ  his  good  offices 
in  support  of  the  United  States,  in  all  points  relating  to  their 
prosperity  ;  that  congress  were  themselves  sensible  of  the  dis 
tinction  between  the  conditions  of  justice  and  rigor,  and  those  of 
convenience  and  compliance,  which  depended  on  the  good  or  bad 
situation  of  affairs  ;  that  though  the  circumstances  of  the  allies 
were  very  promising,  such  events  might  happen,  as  might  make 
it  advisable  to  adopt  the  part  of  moderation."  Congress  availed 
themselves  of  this  opportunity  to  express  their  wishes  to  the 
French  court,  as  to  the  terms  of  peace.  In  answer  to  this  part 
of  the  French  ministers  communication,  they  declared,  that  they 
placed  "  the  utmost  confidence  in  his  majesty's  assurances,  that 
he  will  readily  employ  his  good  offices  in  support  of  the  United 
States,  in  all  points  relative  to  their  prosperity  ;  and  considering 
the  territorial  claims  of  these  states  as  heretofore  made,  their  par 
ticipation  of  the  fisheries,  and  of  the  free  navigation  of  the  Mis 
sissippi,  not  only  as  their  indubitable  rights,  but  as  essential  to 
their  prosperity,  they  trust  that  his  majesty's  efforts  will  be  suc 
cessfully  employed  to  obtain  a  sufficient  provision  and  security 


OF  THE  UNITED  STATES.  121 

for  those  rights.  Nor  can  they  refrain,"  they  subjoined,  "  from 
making  known  to  his  majesty  that  any  claim  for  restitution  or 
compensation  for  property  confiscated  in  the  several  states  will 
meet  with  insuperable  obstacles,  not  only  on  account  of  the  sov 
ereignty  of  the  individual  states,  by  which  such  confiscations 
have  been  made,  but  of  the  wanton  devastations  which  the  citi 
zens  of  these  states  have  experienced  from  the  enemy,  and  in 
many  instances  from  the  very  persons  in  whose  favor  such  claims 
may  be  urged.  That  congress  trust  that  the  circumstances  of 
the  allies  at  the  negociations  for  peace  will  be  so  prosperous,  as 
to  render  these  expectations  consistent  with  the  spirit  of  modera 
tion  recommended  by  his  majesty.".* 

It  must  have  been  humiliating  to  the  members  of  the  national 
legislature,  to  be  thus  compelled,  in  consequence  of  former  in 
structions,  to  become  humble  suppliants  at  the  feet  of  a  foreign 
power,  for  the  attainment  of  objects  all  important  to  the  future 
prosperity. of  their  country. 

With  respect  to  peace  itself,  however,  the  arms  of  the  allies 
were  able  to  effect  in  America,  what  the  mediation  of  the  impe 
rial  courts  could  not  accomplish  in  Europe. 

The  capture  of  lord  Cornwallis  and  his  army,  convinced  the 
British  nation,  that  America  could  not  be  subdued  by  force  ;  and 
led  to  a  change  of  administration  and  pacific  overtures.  Parlia 
ment  met  on  the  27th  of  November,  1781,  and  though  the  speech 
from  the  throne,  still  breathed  a  spirit  of  hostility,  and  answers 
from  both  houses  were  procured,  in  accordance  with  it ;  yet  not 
long  after  the  recess,  the  ministers  found  themselves  in  a  minority 
in  the  house  of  commons.  On  the  22d  of  February,  1782, 
general  Conway  in  the  house,  'moved  an  address  to  the  king, 
praying  "  that  (he  war  on  the  continent  of  North  America,  might 
no  longer  be  pursued,  for  the  impracticable  purpose  of  reducing 
that  country  to  obedience  by  force  :  and  expressing  their  hope, 
that  the  earnest  desire  and  diligent  exertion  to  restore  the  public 
tranquillity,  of  which  they  had  received  his  majesty's  most  gracious 
assurances,  might,  by  a  happy  reconciliation  with  the  revolted 

*  Secret  Journals  of  Congress,  vol.  3,  pp.  222  and  243, 
VOL.  II.  16 


122  POLITICAL  AND  CIVIL  HISTORY 

colonies,  be  forwarded  and  made  effectual ;  to  which  great  end, 
his  majesty's  faithful  commons  would  be  ready  to  give  their  ut 
most  assistance." 

This  motion  being  lost  by  a  single  vote  only,  was,  five  days  af 
ter  renewed,  by  the  same  gentleman,  in  a  form  somewhat  differ 
ent  ;  declaring,  "  that  it  was  the  opinion  of  that  house,  that  the 
farther  prosecution  of  offensive  war,  on  the  continent  of  North 
America,  for  the  purpose  of  reducing  the  revolted  colonies  to  obe 
dience  by  force,  would  be  the  means  of  weakening  the  efforts  of 
this  country  against  her  European  enemies,  and  tend,  under  the 
present  circumstances,  dangerously  to  increase  the  mutual  enmi 
ty,  so  fatal  to  the  interests  both  of  Great  Britain  and  America  ; 
and,  by  preventing  a  happy  reconciliation  with  that  country,  to 
frustrate  the  earnest  desire  graciously  expressed  by  his  majesty, 
to  restore  the  blessings  of  public  tranquillity." 

This  motion  was  carried,  and  an  address  in  pursuance  of  it, 
presented  to  the  king  ;  who,  in  his  answer  on  the  first^  of  March, 
assured  the  house,  "  that  he  should  take  such  measures,  as  should 
appear  to  him  to  be  most  conducive  to  the  restoration  of  harmo 
ny  between  Great  Britain  and  her  revolted  colonies,  so  essential 
to  the  prosperity  of  both  ;  and  that  his  efforts  should  be  directed 
in  the  most  effectual  manner,  against  our  European  enemies, 
until  such  a  peace  could  be  obtained,  as  should  consist  with  the 
interests  and  permanent  welfare  of  his  kingdom." 

Not  yet  satisfied  with  the  triumph  obtained  over  the  ministry, 
and  considering  the  answer  of  the  king  not  sufficiently  expli 
cit,  the  house  of  commons,  on  the  4th  of  March,  on  the  motion 
of  general  Conway,  declared,  that  all  those  who  should  advise  or 
by  any  means,  attempt  the  farther  prosecution  of  offensive  war  in 
America,  should  be  considered  as  enemies  to  their  king  and  coun 
try.  In  this  state  of  things,  it  was  impossible  for  the  ministry  lon 
ger  to  continue  in  power  ;  arid  on  the  1 9th,  they  relinquished  their 
places.  A  new  administration  was  soon  after  formed — the 
marquis  of  Rockingham,  was  placed  at  the  head  of  the  treas 
ury,  and  the  earl  of  Shelburne  and  Mr.  Fox  held  the  important 
places  of  secretaries  of  state. 


OF  THE  UNITED  STATES.  123 

The  new  ministers,  soon  after  their  appointment,  sent  a  Mr. 
Oswald  to  France,  to  sound  the  French  court,  as  well  as  Dr. 
Franklin,  on  the  subject  of  peace.  He  was  introduced  to  the 
latter,  by  lord  Shelburne,  and  by  Mr.  Laurens  who  was  then  in 
London.  In  a  conference  with  the  count  de  Vergennes,  Mr.  Os 
wald  was  informed,  that  the  French  court  were  disposed  to  treat 
of  peace  ;  but  could  do  nothing  without  the  consent  of  their  allies  ; 
and  the  count  expressed  a  wish,  that  Paris  might  be  the  place  of 
meeting,  for  entering  upon  this  important  business.  About  the 
18th  of  April,  the  British  agent  went  back  to  London,  and  on  the 
4th  of  May,  returned  to  France  with  the  assent  of  the  British  ca 
binet  to  treat  of  a  general  peace,  and  for  that  purpose,  to  meett 
at  Paris.  He  also  informed  Dr.  Franklin  and  the  count  de  Ver 
gennes,  that  Mr.  Grenville  was  entrusted  with  the  negociation, 
on  the  part  of  the  court  of  London.  This  gentleman  soon  after 
came  to  Paris,  and  in  company  with  Dr.  Franklin,  had  an  inter 
view  with  the  French  minister.  He  intimated,  that  if  England 
gave  independence  to  America,  France  should  restore  the  con 
quests  she  had  made  of  the  British  Islands,  receiving  back  those 
of  Miquelon  and  St.  Piere.  The  original  object  of  the  war 
being  obtained,  this  he  supposed  would  satisfy  the  court  of 
France.  The  count  de  Vergennes  smiled  at  the  proposed  ex 
change,  and  said,  America  does  not  ask  you  to  give  her  inde 
pendence  ;  Mr.  Franklin  will  answer  you,  as  to  that  point.  Dr. 
Franklin  then  said, -that  the  Americans  considered  themselves  un 
der  no  necessity  of  bargaining  for  a  thing  already  their  own, 
which  they  had  acquired,  at  the  expense  of  so  much  blood  and 
treasure,  and  of  which  they  were  in,  possession. 

In  the  conference  between  the  French  and  English  ministers, 
the  feelings  of  the  former,  with  respect  to  the  terms  of  the  treaty 
of  peace  in  1763,  were  strongly  manifested.  In  answer  to  the  in 
timation  that  France  would  be  satisfied  with  the  attainment  of 
the  original  object  of  the  war,  Vergennes  desired  Mr.  Grenville, 
to  look  back  to  the  conduct  of  England,  in  former  wars,  and  par 
ticularly  the  last,  the  object  of  which  was,  a  disputed  right  to 
gome  western  lands  on  the  Ohio,  and  the  frontiers  of  Nova  Sco- 


124  POLITICAL  AND  CIVIL  HISTORY 

tia ;  and  asked,  "  did  you  content  yourselves  with  the  recovery  of 
those  lands  ?  No,"  said  he,  "  you  retained  at  the  peace,  all  Can 
ada,  all  Louisiana,  all  Florida,  Grenada,  and  other  West  India 
islands,  the  greater  part  of  the  northern  fisheries,  with  all  your 
conquests  in  Africa,  and  the  East  Indies."  He  told  the  British 
minister,  it  was  not  reasonable,  "  that  a  nation,  after  making 
an  unprovoked  and  unsuccessful  war  upon  its  neighbor,  should 
expect  to  sit  down  whole,  and  have  every  thing  restored  which 
she  had  lost,  in  such,  a  war."* 

Mr.  Grenville  immediately  despatched  a  messenger  to  Lon 
don,  and  Mr.  Oswald  soon  followed. 

Not  long  after  the  first  arrival  of  Mr.  Oswald,  doctor  Franklin 
wrote  to  Mr  Jay,  then  in  Spain,  and  requested  his  assistance,  in  the 
negociations.  In  consequence  of  this  communication  Mr.  Jay  im 
mediately  set  out  for  Paris,  where  he  arrived  the  23d  of  June. 
A  serious  difficulty  arose,  in  the  commencement  of  a  negociation 
between  so  many  partie§,  particularly  in  respect  to  America,  as 
to  the  powers  of  the  British  negociators.  The  first  commission 
of  Mr.  Grenville  confined  him  to  treat  with  France,  without  nam 
ing  her  allies.  As  this  was  manifestly  insufficient,  a  new  one  was 
sent  for,  and  arrived  on  the  1 5th  of  June.  By  this  he  was  empow 
ered  to  treat  not  only  with  the  king  of  France,  or  his  ministers,  but 
with  the  ministers  of  any  other  prince  or  state  whom  it  might  con 
cern.  Dr.  Franklin  doubted  whether,  by  the  word  state,  it  was 
intended  to  include  America,  the  British  government  having  never 
yet  acknowledged  America  as  a  state.  Mr.  Grenville,  however, 
explicitly  informed  him,  that  he  was  authorized  to  declare  the  in 
dependence  of  the  United  States,  previous  to  the  treaty,  as  a  vol 
untary  act,  and  to  propose  separately,  as  a  basis,  the  treaty  of 
1763.1 

It  is  proper  here  to  state,  that  soon  after  the  formation  of  the 
new  administration,  Sir  Guy  Carlton  was  appointed  commander 
in  chief  in  America,  in  the  room  of  Sir  Henry  Clinton,  and  that 
he,  and  admiral  Digby,  had  powers  to  treat  of  peace.  One  ob- 

*  Franklin's  Works,  vol.  5.  f  Franklin's  Works,  vol.  5,  p.  265. 


OF  THE  UNITED  STATES.  125 

ject  of  conferring  this  power  was  to  induce  congress  to  agree  to 
a  separate  treaty. 

Sir  Guy  Carlton  arrived  in  America  the  5th  of  May,  and  two 
days  after  informed  general  Washington  that  he  and  admi 
ral  Digby  were  authorized  to  treat  of  peace,  and  requested  a 
pasportfor  their  secretary,  as  the  bearer  of  despatches  to  con 
gress,  on  the  subject.  A  copy  of  this  letter  was  forwarded  by  the 
general  to  that  body.  But  the  members  being  determined 
not  to  negociate  without  their  allies,  refused  the  pasport.  The 
same  commissioners  on  the  2d  of  August  following,  sent  a  sec 
ond  letter  to  the  American  commander,  informing  him  that  nego- 
ciations  for  a  general  peace  had  commenced  at  Paris,  and  that 
Mr.  Grenville  had  full  powers  to  treat  with  all  the  parties  at  war, 
and  that  by  his  instructions,  "  the  independency  of  the  thirteen 
provinces  was  to  be  proposed  by  him,  in  the  first  instance,  instead 
of  being  made  a  condition  of  a  general  treaty"  A  majority  of  the 
new  British  cabinet,  very  early  determined  to  "  offer  America 
unlimited,  unconditionaHndependence,"  as  the  basis  of  a  negocia- 
tion  for  peace,  and  so  instructed  their  minister,  Mr.  Grenville.* 
This  was  a  favorite  measure  with  the  marquis  of  Rockingham. 
On  this  point,  the  cabinet,  however,  was  divided.  The  earl  of 
Shelburne,  though  he  acquiesced,  was  still  opposed,  and  it  was 
one  of  the  last  measures  to  which  the  king  would  assent. 

The  sickness  of  the  marquis  of  Rockingham,  and  his  death, 
which  happened  on  the  first  of  July,  produced  no  little  delay  and 
difficulty  in  the  negociations.  The  appointment  of  lord  Shel 
burne  first  lord  of  the  treasury,  produced  an  open  rupture  in 
the  cabinet.  Lord  John  Cavendish,  Mr.  Fox,  and  some  others, 
resigned  their  places.  In  consequence  of  this,  William  Pitt  was 
made  chancellor  of  the  exchequer,  and  Thomas  Townsend  and 
lord  Granthem,  secretaries  of  state. 

There  can  be  little  doubt,  that  the  king,  as  well  as  lord  Shel 
burne,  still  entertained  a  distant  hope,  that  some  arrangement 
might  be  made  with  the  Americans,  short  of  an  open  and  express 
acknowledgment  of  their  independence  ;  and  the  views  of  the 

*  Annual  Register  for  1782- 


126  POLITICAL  AND  CIVIL  HISTORY 

latter  on  this  point,  probably,  had  no  little  influence  in  placing 
him  at  the  head  of  the  administration.* 

One  of  the  reasons  assigned  by  Mr.  Fox  for  his  resignation, 
was,  that  the  cabinet,  under  the  influence  of  lord  Shelburne,  had 
departed  from  the  principles  adopted  by  the  preceding  adminis 
tration,  on  the  great  question  of  American  independence.  In 
vindication  of  himself,  lord  Shelburne,  early  in  July,  declared  in 
parliament,  that  he  had  been,  and  yet  was  of  opinion,  that  when 
ever  parliament  should  acknowledge  the  independence  of  Amer 
ica,  the  sun  of  England's  glory  was  set  forever.  Such,  he  said, 
were  the  sentiments,  he  possessed  on  a  former  day,  and  such  were 
the  sentiments  he  still  held.  That  other  noble  lords  thought  dif 
ferently  ;  and  as  the  majority  of  the  cabinet  supported  them,  he  ac 
quiesced  in  the  measure,  dissenting  from  the  idea  ;  and  the  point 
was  settled  to  bring  the  matter  before  parliament.  That  if  inde 
pendence  were  to  be  granted,  he  foresaw  in  his  own  mind,  that 
England  was  undone.  He  wished  to  God,  he  declared,  that  he  had 
been  deputed  to  the  congress,  that  he  might  plead  the  cause  of 
that  country,  as  well  as  of  this  ;  and  that  he  might  exercise  what 
ever  powers  he  possessed,  as  an  orator,  to  save  both  from  ruin,  by 
bringing  the  congress  to  a  conviction,  that,  if  their  independence 
was  signed,  their  liberties  were  gone  forever.t  This  declaration 
of  the  prime  minister,  after  the  statements  made  by  Mr.  Gren- 
ville  and  Sir  Guy  Carlton  on  the  subject  of  American  indepen 
dence,  as  before  mentioned,  excited  no  little  astonishment  in 
France,  as  well  as  in  America. 

It  was  supposed,  that,  with  a  view  of  attempting  some  arrange 
ment  agreeably  to  his  wishes,  lord  Shelburne  contemplated  send 
ing  Mr.  Jones,  afterwards  Sir  William  Jones,  to  America.  Cer 
tain  it  is  that  about  the  last  of  June,  Mr.  Jones,  in  company  with 

*  Among  the  papers  of  Dr.  FrankHn  was  found  the  following  memorandum.  "  Im 
mediately  after  the  death  of  lord  Rockingham,  the  king  said  to  lord  Selburne, '  I 
will  be  plain  with  you,  the  point  next  my  heart,  and  which  I  am  determined,  be  the 
consequence  what  it  mny,  never  to  relinquish  but  with  my  crown  and  life,  is,  to  pre 
vent  a  total  unequivocal  recognition  of  the  independence  of  America.  Promise  to 
support  me  on  this  ground,  and  I  will  leave  you  unmolested  on  every  other  ground, 
and  with  full  power  as  the  prime  minister  of  this  kingdom.'  The  bargain  was  struck. 
The  Hague,  1782."— Franklin's  Works,  vol.  5, p.  326. 

t  New  Annual  Register,  1782,  History  of  England,  vol.  7.  Secret  Journals  of 
Congress,  vol.  3. 


OF  THE  UNITED  STATES.  127 

a  gentleman  by  the  name  of  Paradise,  went  to  Paris ;  and  it  was 
publicly  given  out,  they  were  on  their  way  to  America,  on  bu 
siness  of  a  private  nature ;  Mr.  Paradise,  to  recover  an  estate 
belonging  to  him,  and  Mr.  Jones  as  his  counsel.  While  at 
Paris,  the  latter  frequently  saw  and  conversed  with  doctor  Frank 
lin  and  Mr.  Jay,  and  as  a  matter  of  curiosity,  presented  to  the 
former,  with  whom  he  had  been  acquainted  in  England,  what  he 
called  "  a  fragment  of  Polybius,  from  his  treatise  on  the  Athenian 
government."*  He  took  this  singular  mode,  no  doubt,  of  sound 
ing  the  American  commissioners,  on  the  great  question  of  peace  : 
and  no  one  can  read  this  supposed  fragment  of  a  celebrated  an 
cient  historian,  purporting  to  give  a  brief  account  of  a  contest 
between  Athens  and  her  colonies,  without  being  satisfied  as  to  its 
real  object. 

"  Athens,"  says  this  fragment,  "  had  long  been  an  object  of 
universal  admiration,  and  consequently  of  envy ;  her  navy  was 
invincible,  her  commerce  extensive ;  Europe  and  Asia  supplied 
her  with  wealth  ;  of  her  citizens,  all  were  intrepid,  many  virtu 
ous  ;  but  some  too  much  infected  with  principles  unfavorable  to 
freedom.  Hence  an  oligarchy  was,  in  a  great  measure,  estab 
lished  ;  crooked  counsels  were  thought  supreme  wisdom ;  and 
the  Athenians  having  lost  their  true  relish  for  their  own  freedom, 
began  to  attack  that  of  their  colonies,  and  of  the  states  which  they 
had  before  protected  !  Their  arrogant  claims  of  unlimited  domin 
ion,  had  compelled  the  Chians,  Coans,  Rhodians,  Lesbians,  to 
join  with  nine  other  small  communities  in  the  social  war,  which 
they  began  with  inconceivable  ardor,  and  continued, with  industry 
surpassing  all  example  and  almost  surpassing  belief. 

"  They  were  openly  assisted  by  Mausoleus,  king  of  Caria,  to 
whose  metropolis  the  united  islands  had  sent  a  philosopher  nam 
ed  Eleutherion,  eminent  for  the  deepest  knowledge  of  nature,  the 
most  solid  judgment,  most  approved  virtue,  and  most  ardent  zeal 
for  the  cause  of  general  liberty.  The  war  had  been  supported 
for  three  years  ,with  infinite  exertions  and  valor  on  both  sides, 
with  deliberate  firmness  on  the  part  of  the  allies,  and  with  una 
bated  violence  on  the  part  of  the  Athenians,  who  had,  neverthe- 

*  Franklin's  Works,  vol.  1,  p.  421. 


128  POLITICAL  AND  CIVIL  HISTORY 

less,  despatched  commissioners  to  Rhodes,  with  intent  to  propose 
terms  of  accommodation  ;  but  the  states,  (perhaps  too  pertina 
ciously)  refused  to  hear  any  proposal  whatever,  without  a  previ 
ous  recognition  of  their  total  independence,  by  the  magistrates 
and  people  of  Athens.  It  was  not  long  after  this  that  an  Atheni 
an,  who  had  been  a  pupil  of  Isaeus  together  with  Demosthenes, 
and  began  to  be  known  in  his  country  as  a  pleader  of  causes,  was 
led  by  some  affair  of  his  clients,  to  the  capital  of  Caria.  He  was 
a  man,  unauthorized,  unemployed,  unconnected,  independent  in 
his  circumstrnces  as  much  as  in  his  principles  ;  admitting  no  gov 
ernor,  under  providence,  but  the  laws  ;  and  no  laws,  but  which 
justice  and  virtue  had  dictated,  which  wisdom  approved,  which 
his  country  had  freely  enacted.  He  had  been  known  at  Athens 
to  the  sage  Eleutherion,  and  their  acquaintance  being  renewed, 
he  sometimes  took  occasion,  in  their  conversations,  to  lament  the 
calamities  of  war,  and  to  express  his  eager  desire  of  making  a 
general  peace  on  such  terms,  as  would  produce  the  greatest  good 
from  the  greatest  evil ;  for  this,"  said  he,  "  would  be  a  work  not 
unworthy  the  divine  attributes,  and  if  mortals  could  effect  it,  they 
would  act  like  those  beneficent  beings,  whom  Socrates  believed 
to  be  the  constant  friends  and-  attendants  of  our  species." 

The  Athenian,  in  these  conversations,  is  also  represented,  as 
endeavoring  to  persuade  Eleutherion,  not  to  insist  on  such  terms 
of  peace,  as  would  wound  the  pride  of  Athens,  without  any  sub 
stantial  benefit  to  the  colonies,  and  particularly  not  to  insist  on 
an  express  acknowledgment  of  their  independence.  "  Let  the 
confederates,*'  he  said,  "be  contented  with  the  substance  of  that 
independence,  which  they  have  assented,  and  the  word  will  neces 
sarily  follow." 

"  Let  them  not  hurt  the  natural,  and,  perhaps,  not  reprehensi 
ble  pride  of  Athens,  nor  demand  any  concession,  that  may  sink 
in  the  eyes  of  Greece,  a  nation  to  whom  they  are  and  must  be 
united  in  language,  in  blood,  in  manners,  in  interest,  in  princi 
ples.  Glory  is  to  a  nation,  what  reputation  is  to  an  individual ; 
it  is  not  an  empty  sound,  but  important  and  essential.  It  will  be 
glorious  in  Athens  to  acknowledge  her  error  m  attempting  to  re- 


OF  THE  UNITED  STATES.  129 

cluce  the  islands,  but  an  acknowledgment  of  her  mobility  to  re 
duce  them,  (if  she  be  unable)  will  be  too  public  a  confession  of 
weakness,  and  her  rank  among  the  states  of  Greece  will  instant 
ly  be  lowered." 

The  Athenian  declared,  that  whatever  his  own  advice  might 
be,  he  knew  and  positively  pronounced,  that  Athens  would  never 
expressly  recognize  the  independence  of  the  islands;  that  an  ex 
press  acknowledgment  of  it  was  merely  formal  with  respect  to 
the  allies;  but  the  prejudices  of  mankind  had  made  it  substantial 
with  respect  to  Athens. 

"  There  is  a  natural  union,"  he  said,  "^between  Athens  and 
the  islands  which  the  gods  had  made,  and  which  the  powers  of 
hell  could  not  dissolve.  Men,  speaking  the  same  idiom,  educat 
ed  in  the  same  manner,  perhaps  in  the  same  place ;  professing 
the  same  principles  ;  sprung  from  the  same  ancestors  in  no  very 
remote  degree;  and  related  to  each  other  in  a  thousand  modes 
of  consanguinity,  affinity  and  friendship,  such  men,  (whatever 
they  may  say  through  a  temporary  resentment)  can  never  in  their 
hearts  consider  one  another  as  aliens." 

The  Athenian  then  proposed  "  the  general  ground  work  and 
plan  of  a  treaty,"  the  substance  of  which  was,  that  the  Carians 
should  be  included  in  the  pacification  on  advantagous  terms,  that 
the  archon,  senate,  and  magistrates  of  Athens  should  make  a 
complete  recognition  of  rights  of  all  the  Athenian  citizens  of  all 
orders  whatever,  and  all  laws  for  that  purpose  be  combined  in 
one — "there  should  not  be  one  slave  in  Attica."  That  there 
should  be  a  perfect  co-ordination  between  Athens  and  the  thir 
teen  United  Islands  ;  they  considering  her  not  as  a  parent,  whom 
they  must  obey,  but  as  an  elder  sister,  whom  they  could  not  help 
loving,  and  to  whom  they  should  give  pre-eminence  of  honor  and 
co-equality  of  power.  The  new  constitutions  of  the  confederate 
islands  to  remain.  On  every  occasion  requiring  acts  for  the  gen 
eral  good,  there  was  to  be  an  assembly  of  deputies  from  the  sen 
ate  of  Athens  and  the  congress  of  the  islands,  who  should  fairly 
adjust  the  whole  business,  and  settle  the  ratio  on  both  sides ;  this 
committee  to  consist  of  fifty  islanders  and  fifty  Athenians,  or  of  a 
VOL.  II.  17 


130  POLITICAL  AND  CIVIL  HISTORY 

smaller  number  chosen  by  them.  A  proportionable  number  of 
Athenian  citizens,  if  thought  necessary,  were  to  have  seats,  and 
the  power  of  debating  and  voting  on  questions  of  common  con 
cern,  in  the  great  assembly  of  the  islands,  and  a  proportionable 
number  of  the  islanders  to  sit,  with  like  power,  in  the  assembly  at 
Athens.  No  obligation  to  make  war,  but  for  the  common  inter 
est — commerce  to  flow  in  a  free  course,  for  the  general  advanta 
ges  of  the  united  powers,  and  an  universal  unlimited  amnesty  to  be 
proclaimed,  in  every  part  of  Greece  and  Asia. 

"  This,"  said  the  ingenious  Athenian,  "  is  the  rough  sketch  of 
a  treaty  founded  on  virtue  and  liberty. 

"  The  idea  of  it  still  fills  and  expands  my  soul ;  and  if  it  can 
not  be  realized,  I  shall  not  think  it  less  glorious,  but  shall  only 
grieve  more  and  more  at  the  perverseness  of  mankind. 

"  May  the  Eternal  Being,  whom  the  wise  and  virtuous  adore, 
and  whose  attribute  it  is  to  convert  into  good,  that  evil,  which  his 
unsearchable  wisdom  permits,  inspire  all  ranks  of  men  to  pro 
mote  this  or  a  similar  plan !  If  this  be  impracticable,  O  human 

nature  !    But  I  am  fully  confident  that  if more  at  large 

happiness  of  all. 

"  No  more  is  extant,"  Mr.  Jones  added,  "  of  this  interesting 
piece,  upon  which  the  commentary  of  the  sage  Polybius  would 
have  been  particularly  valuable  in  these  times"* 

The  allusions  in  this  singular  and  ingenious  communication, 
were  too  obvious  to  be  misunderstood ;  and  left  little  doubt  on 
the  minds  of  the  American  commissioners,  that  the  real  object  of 
Mr.  Jones  in  his  visit  at  Paris,  as  well  as  his  intended  voyage  to 
America,  was,  if  possible,  to  effect  a  reconciliation  on  terms  short 
of  an  express  and  open  acknowledgment  of  the  independence  of 
America.  Mr.  Jay  was  the  more  confirmed  in  this,  by  seeing  in 
a  pamphlet  put  into  his  hands  by  Mr.  Jones,  containing  an  ac 
count  of  the  proceedings  of  the  "  Society  for  constitutional  infor 
mation,"  a  communication  made  to  the  society  by  Mr.  Jones 
himself,  in  which  he  announced  his  intention  of  leaving  England 
speedily,  "  on  a  mission  connected  with  the  interest  and  welfare 
of  his  country." 

*  Franklin's  Works,  Vol.  1,  and  Note  12, 


OF  THE  UNITED  STATES.  131 

These  suspicions  were  communicated  to  congress  both  by  Dr. 
Franklin  and  Mr.  Jay.  In  a  letter  to  the  secretary  of  foreign  af 
fairs,  the  latter  particularly  stated  his  suspicions  with  respect  to 
Mr.  Jones  ;  and  on  the  28th  of  June,  Dr.  Franklin,  in  a  letter  to 
the  same,  says,  "  It  looks  as  if,  since  their  late  success  in  the 
West  Indies,  they  a  little  repented  of  the  advances  they  had 
made  in  their  declarations  respecting  the  acknowledgment  of  our 
independence  ;  and  we  have  good  information,  that  some  of  the 
ministry  still  flatter  the  king,  with  the  hope  of  recovering  his  sove 
reignty  over  us,  on  the  same  terms  as  are  now  making  with  Ire 
land.  However  willing  we  might  have  been,  at  the  commece- 
ment  of  this  contest,  to  have  accepted  such  conditions,  be  assur 
ed  that  we  can  have  no  safety  in  them  at  present. 

"  There  are,"  he  added,"  as  reported,  great  divisions  in  the 
ministry  on  other  points,  as  well  as  this ;  and  those  who  aim  at 
engrossing  the  power,  flatter  the  king  with  this  project  of  re-un 
ion  ;  and  it  is  said,  have  much  reliance  on  the  operations  of  pri 
vate  agents  sent  into  America  to  dispose  minds  in  favor  of  it,  and 
to  bring  about  a  separate  treaty  there,  with  general  Carleton." 

The  noble  biographer  of  sir  William  Jones,  however,  declares, 
that  the  object  of  his  intended  journey  to  America,  was,  "  profes 
sional,"  and  that  the  "  surmises  and  insinuations  "  circulated  to 
the  contrary,  were  without  foundation. 

Yet  the  situation  of  the  British  cabinet  at  that  time,  the  opin 
ion  of  the  earl  of  Shelburne  on  the  question  of  American  inde 
pendence,  as  declared  in  parliament,  the  circumstance  that  Mr. 
Jones  was  his  particular  friend,  and  above  all  the  internal  evi 
dence  arising  from  the  extraordinary  communication  made  to 
Dr.  Franklin  ;  a  communication,  novel,  indeed,  in  the  annals  of 
diplomacy,  but  certainly,  in  its  style  and  manner,  well  calculated 
to  disclose  his  supposed  object,  leave  little  doubt,  but  that  this 
eminent  scholar,  was  requested,  by  high  authority,  to  sound 
Dr.  Franklin,  in  a  secret  manner,  as  to  terms  of  peace  and  re 
conciliation  with  America,  the  least  wounding  to  British  pride. 
Nor  is  it  impossible,  that  Mr.  Jones  himself  alluded  to  this  trans 
action,  in  a  familiar  letter  to  lord  Althrop,  of  the  5th  of  October, 


132  POLITICAL  AND  CIVIL  HISTORY 

1 782,  mentioned  by  his  biographer,  in  which  he  says,  "  I  know 
not  what  *  *  *  *  *  thinks ;  but  this  I  know,  that  the 
sturdy  trans-atlantic  yeomanry  will  neither  be  dragooned  or  bam 
boozled  out  of  their  liberty."  Whatever  might  have  been  the 
real  or  ultimate  views  of  Mr.  Jones,  he  returned  to  England 
without  visiting  America.  The  French  court  again  apprehended, 
that  the  Americans  might  be  induced  to  make  a  separate  peace, 
and  on  terms  short  of  absolute  independence.  These  apprehen 
sions  being  communicated  to  the  members  of  congress,  in  Octo 
ber,  1782,  they  resolved,  to  adhere  to  the  treaty  of  alliance,  to 
conclude  neither  a  separate  peace  nor  truce  with  Great  Britain  ; 
and  that  they  would  prosecute  the  war  with  vigor,  until  by  the 
blessing  of  God  on  the  united  arms,  a  peace  should  be  happily 
accomplished ;  by  which  the  full  and  absolute  sovereignty  and 
independence  of  the  United  States,  having  been  duly  assured, 
their  rights  and  interests,  as  well  as  those  of  their  allies,  should 
be  effectually  provided  for  and  secured  ;  and  that  they  would  not 
enter  upon  the  discussion  of  any  overtures  of  pacification,  but  in 
confidence  and  in  concert  with  his  most  Christian  majesty.* 

In  the  preamble  to  this  resolve,  after  reciting  the  treaty  of  alli 
ance,  and  the  appointment  of  ministers  to  negociate  and  conclude 
a  general  peace,  in  Europe,  congress  proceed  to  say,  "  Neverthe 
less  it  appears  that  the  British  court  still  flatters  itself  with  the 
vain  hope  of  prevailing  on  the  United  States  to  agree  to  some 
terms  of  dependence  on  Great  Britain,  or  at  least,  to  a  separate 
peace  ;  and  there  is  reason  to  believe  that  commissioners  may 
be  sent  to  America,  to  offer  propositions  of  that  nature  to  the 
United  States,  or  that  several  emissaries  may  be  employed  to 
delude  and  deceive.  In  order  to  extinguish  ill  founded  hopes, 
to  frustrate  insidious  attempts,  and  to  manifest  to  the  whole 
world  the  purity  of  the  intentions  and  the  fixed  and  unalterable 
determination  of  the  United  States,"  Resolved,  &c. 

Parliament  adjourned  on  the  llth  of  July,  having  passed  an 
act,  at  the  close  of  the  session,  authorizing  the  king  "  to  conclude 
a  peace  or  truce,"  with  the  Americans. 

*  Secret  Journals  of  Congress,  vol.  3,  p.  249. 


OF  THE  UNITED  STATES.  133 

Soon  after  this,  Mr.  Grenville,  who  was  of  the  Fox'party,  was 
recalled  from  Paris,  and  Mr.  Fitzherbert  was  on  the  26th  of  July 
sent  in  his  room,  with  powers  to  treat  with  France,  Spain  and 
Holland.  About  the  same  time,  Mr.  Oswald,  then  at  Paris,  re 
ceived  information  that  an  order  had  been  issued,  for  a  commis 
sion  to  be  made  out  to  him,  "to  treat,  consult,  agree  and  con 
clude,  with  any  commissioner  or  commissioners,  named  or  to  be 
named  by  the  American  colonies  or  plantations,  or  with  any 
body  or  bodies  corporate  or  politic,  or  any  assembly  or  assem 
blies,  or  descriptions  of  men,  or  any  persons  whatsoever,  a  peace 
or  truce  with  the  said  colonies  or  plantations,  or  any  part  or  parts 
of  them."  A  copy  of  this  order  being  sent  to  Mr.  Oswald,  was 
shewn  to  the  American  commissioners  and  to  the  French  min 
ister.  A  question  arose,  as  to  the  sufficiency  of  the  powers 
to  be  given  Mr.  Oswald.  The  count  de  Vergennes  thought 
a  commission  made  in  pursuance  of  them  would  be  sufficient, 
and  Dr.  Franklin  inclined  to  the  same  opinion  ;  Mr.  Jay,  however, 
thought  it  would  be  descending  from  the  ground  of  independence, 
for  them  to  treat,  under  the  name  of  commissioners  of  colonies  or 
plantations,  when  in  fact,  they  were  commissioners  of  thirteen  in 
dependent  states.  Vergennes  said  names  signified  little,  that  the 
king  of  England  styling  himself  king  of  France,  was  no  obstacle 
to  their  treating  with  him.  That  an  acknowledgment  of  Ameri 
can  independence,  instead  of  preceding,  must,  in  the  natural 
course  of  things,  be  the  effect  of  the  treaty ;  and  that  it  would 
not  be  reasonable  to  expect  the  effect,  before  the  cause ;  that 
care  must  be  taken,  to  insert  proper  articles  in  the  treaty,  to 
secure  independence,  as  well  as  limits,  against  any  future  claims. 
A  decision  of  the  question  was  postponed,  until  the  arrival  of 
the  commission.  In  the  mean  time,  Mr.  Jay,  in  a  conference 
with  Mr.  Oswald,  pressed  the  importance  of  his  treating  with 
them,  on  an  equal  footing,  as  the  representatives  of  an  indepen 
dent  state ;  and  explicitly  told  him,  that  he  would  have  no  con 
cern  in  any  negociation  in  which  they  should  not  be  so  consider 
ed.  Mr.  Oswald  appeared  satisfied  with  Mr.  Jay's  remarks,  and 
expressed  a  wish  that  his  commission  had  been  otherwise;  Mr. 


134  POLITICAL  AND  CIVIL  HISTORY 

Jay  suggested  an  alteration,  and  at  the  request  of  Mr.  Oswald,  re 
duced  it  to  writing.  The  British  negociator  sent  to  his  court  for 
this  alteration,  but  before  his  despatches  reached  London,  his 
commission  arrived. 

The  count  de  Vergennes,  in  a  second  conference  with  the 
American  commissioners,  still  thought  the  commission  sufficient ; 
care  must  be  taken,  he  said,  to  secure,  by  treaty,  any  future 
claims  from  Great  Britain.  Mr.  Jay,  however,  informed  the 
French  minister,  he  did  not  consider  American  independence  as 
requiring  any  aid  or  validity  from  British  acts  ;  that,  if  Great  Brit 
ain  treated  with  them  as  with  other  nations,  on  a  footing  of 
equality,  that  would  be  sufficient :  That  he  did  not  consider  an 
explicit  acknowledgment  of  American  independence  as  necessary 
to  prevent  farther  claims  from  that  country.  Vergennes  told  the 
American  commissioners,  that  he  delayed  his  negociation  with 
Mr.  Fitzherbert  until  they  were  prepared  to  proceed  with  Mr. 
Oswald.  The  day  after  this  conversation,  Mr.  Fitzherbert  sent 
a  courier  to  London. 

Soon  after  this,  Mr.  Oswald  received  a  letter  from  Mr.  Towns- 
end,  on  the  subject  of  his  commission,  stating  his  majesty's  inten 
tion  to  grant  to  America,  full,  complete,  and  unconditional  in 
dependence,  by  an  article  of  treaty  *  This  letter  being  shewn  to 
the  American  commissioners,  they  conjectured  the  proposition 
of  granting  America,  independence  by  an  article  of  treaty  only, 
had  been  produced  by  the  despatches  of  Mr.  Fitzherbert.  This 
being  suggested  to  Mr.  Oswald,  he  admitted,  that  Vergennes  had 
gone  so  far  as  to  tell  that  gentleman  his  opinion  respecting  the 
commission.  Mr.  Jay  took  this  opportunity  to  inform  Mr.  Os 
wald,  what  he  supposed  might  be  the  policy  of  the  French 
court ;  and  endeavored  to  convince  him,  that  it  was  the  interest 
of  his  country  to  treat  with  them  on  an  equal  footing,  and  that 
America  should  be  placed  in  a  situation,  to  be  as  independent  of 
France  as  of  Great  Britain. 

Mr.  Oswald  desired  Mr.  Jay,  to  state  his  objections  in  writing ; 
and  deliver  them  to  him  signed  by  the  commissioners.  Mr.  Jay 
drew  a  statement  which  was  submitted  to  his  colleague.  Doctor 

*  Franklin's  Works,  vol.  6,  p.  495. 


OF  THE  UNITED  STATES.  1  35 

Franklin  thought  it  imprudent  to  put  their  names  to  it,  as  in  case 
Great  Britain  should  remain  firm,  they  could  not  retreat  with  a 
good  grace.  He,  also,  felt  himself  embarrassed  by  their  in 
structions  to  be  governed  by  the  advice  of  the  French  court. 
Though  the  American  commissioners  did  not  choose  to  deliver 
this  statement  under  their  hands  to  the  British  negociator,  yet 
at  the  earnest  solicitation  of  Mr.  Oswald,  Mr.  Jay  gave  him  a 
copy,  without  their  signatures ;  and  at  the  same  time  furnished 
him  with  copies  of  the  various  resolutions  of  congress,  relating  to 
the  independence  of  the  United  States. 

Convinced  of  the  propriety  of  his  objections  against  treating 
with  Mr.  Oswald,  under  his  commission,  Mr.  Jay  proposed  to  Dr. 
Franklin,  that  these  objections  be  stated  in  writing,  and  deliver 
ed  to  the  French  minister ;  and  that  an  answer  be  requested,  to 
enable  them,  hereafter,  if  necessary,  to  shew  what  was  the  advice 
of  the  French  court  on  this  question.  Dr.  Franklin  approved  of 
the  proposal ;  and  Mr.  Jay  drew  a  long  memorial  on  the  sub 
ject,  which  he  submitted  to  the  consideration  of  his  colleague. 

When  Mr.  Jay  left  Madrid,  it  will  be  remembered,  further  ne 
gotiation  with  Spain,  was  transferred  to  Paris.  This  negotia 
tion  on  the  part  of  the  Spanish  court,  was  entrusted  to  count  do 
Aranda,  its  ambassador  at  the  court  of  France. 

As  the  proceedings  with  Spain,  have  an  important  connection 
with  the  negociations  carried  on  at  the  same  time,  with  Great 
Britain,  it  is  proper  here  to  state,  that  Mr.  Jay,  soon  after  his  ar 
rival  at  Paris,  had  a  conference  with  the  Spanish  minister,  in 
company  with  Dr.  Franklin.  In  this  conference,  count  de  Aran 
da,  at  once,  referred  to  the  old  subject  of  western  limits ;  and 
asked  Mr.  Jay,  what  were  the  boundaries  of  the  United  States  ? 
He  was  informed  that  the  river  Mississippi  was  their  boundary 
west,  from  its  source,  to  latitude  thirty  one  degrees  north,  and 
from  thence  east  by  a  line,  between  Georgia  and  the  Floridas. 

The  Sp'anish  minister  objected  to  the  right  of  the  United  States 
to  an  extent  so  far  west.  He  said,  that  the  western  country  had 
never  belonged,  or  claimed  to  belong  to  the  ancient  colonies ; 
that  before  the  war  of  1756,  it  belonged  to  France,  and  after  its 


1 36  POLITICAL  AND  CIVIL  HISTORY 

cession  to  Great  Britain,  remained  a  distinct  part  of  her  domin 
ions,  until  by  the  conquest  of  West  Florida,  and  certain  posts  on 
the  Mississippi  and  Illinois,  it  became  vested  in  Spain  ;*  or,  if 
Spain  could  not  claim  the  whole,  the  residue  was  possessed  and 
claimed  by  the  indians,  and  did  not  belong  to  the  United  States. 
He,  therefore,  proposed  to  designate  a  line,  on  the  east  side  of  the 
Mississippi,  as  a  boundary  between  the  two  countries.  He  soon 
after  drew  a  line,  on  Mitchell's  map  of  North  America,  beginning 
at  a  lake,  near  the  confines  of  Georgia,  and  east  of  Flint  river,  to 
the  confluence  of  the  Kanaway  with  the  Ohio  ;  thence  round  the 
western  shores  of  lakes  Erie  and  Huron,  and  thence  round  lake 
Michigan  to  lake  Superior  ;  and  sent  the  map  to  Mr.  Jay.  The 
American  commissioners  soon  after,  shewed  this  map,  with  the 
designated  Spanish  line,  to  count  de  Vergennes.  Dri  Frank 
lin  pointed  out  to  him  the  extravagance  of  this  line,  as  a  claim  of 
boundary,  on  the  part  of  Spain  ;  and  insisted  on  the  right  of  the 
United  States,  to  extend  to  the  Mississippi.  Vergennes,  in  reply, 
said  very  little  ;  but  Mr.  Rayneval,  his  principal  secretary,  who 
was  present,  declared,  that  the  United  States  had  no  right  to  ex 
tend  their  claim  so  far  west. 

The  Spanish  minister,  afterwards,  requested  the  American 
commissioners  to  designate  some  line,  east  of  the  Mississippi,  to 
which  they  would  agree.  This  they  refused,  and  plainly  told 
him,  that  as  the  limits  of  the  United  States  extended  to  that 
river,  they  would  never  cede  to  Spain  any  part  of  the  country 
east  of  it. 

Soon  after  this,  Mr.  Rayneval,  requested  an  interview  with 
Mr.  Jay,  on  the  subject  of  limits  with  Spain.  To  this  the  latter 
assented,  and  in  a  conference,  Mr.  Rayneval  proposed  what 
he  called,  a  conciliatory  line,  as  a  boundary  between  the  United 
States,  and  the  Spanish  American  possessions.  Being  desired, 
by  Mr.  Jay,  to  reduce  his  proposition  to  writing,  Mr.  Rayne- 

*  In  the  winter  of  1781,  a  detachment  of  about  sixty  five  Spanish  militia  men, 
accompanied  by  sixty  Indians,  took  possession  of  a  small  English  fort,  called  St. 
Joseph,  situated  near  the  source  of  the  Illinois,  hoisted  the  Spanish  standard,  and  pre 
tended  to  take  possession  of  the  post  and  its  dependencies,  and  the  river  Illinois,  in 
the  name  of  the  Spanish  king,  and  this  is  the  conquest  of  the  posts  on  the  Mississippi 
and  Illinois,  alluded  to  by  the  Spanish  minister, — Secret  Journals  of  Congress,  vol.  4, 
.p.  63. 


OF  THE  UNITED  STATES.  137 

val,  on  the  6th  of  September,  sent  him  what  he  called,  his  "  idea 
on  the  manner  of  determining  and  fixing  the  limits  between  Spain 
and  the  United  States,  on  the  Ohio  and  Mississippi."  This  com 
munication,  no  doubt,  disclosed  the  real  views  of  the  French 
court,  in  relation  to  the  important  subject  of  the  western  country. 

"  It  is  evident,"  says  Mr.  Rayneval,  "  that  the  Americans  can 
only  borrow  from  England,  the  right  they  pretend  to  have  to  ex 
tend  to  the  Mississippi ;  therefore,  to  determine  this  right,  it  is 
proper  to  examine  what  the  court  of  London  has  thought  and 
done  on  this  head. 

"  It  is  known,  that  before  the  treaty  of  Paris,  France  possessed 
Louisiana  and  Canada ;  and  that  she  considered  the  savage  peo 
ple  situated  to  the  east  of  the  Mississippi,  either  as  independenjt, 
or  as  under  her  protection. 

"  This  protection  caused  no  dispute.  England  never  thought 
of  making  any,  except  as  to  the  lands  situated  towards  the  south 
of  the  Ohio,  on  that  part,  where  she  had  given  the  name  of  Alle- 
gany  to  that  river. 

"  A  discussion  about  limits,  at  that  time  took  place,  between 
the  courts  of  Versailles  and  London  ;  but  it  would  be  superfluous 
to  follow  the  particulars.  It  will  suffice  to  observe,  that  England 
proposed  in  1755,  the  following  boundary:  It  set  out  from  the 
point  where  the  river  des  Boeufs  falls  into  the  Ohio,  at  the  place 
called  Venango  ;  it  went  up  this  river  towards  lake  Erie,  as  far  as 
twenty  leagues  ;  and  setting  off  again  from  the  same  place,  Ve- 
nango,  a  right  line  was  drawn  as  far  as  the  last  mountain  of  Vir 
ginia  ;  which  descends  towards  the  ocean.  As  to  the  savages 
situated  between  the  aforesaid  line  and  the  Mississippi,  the  En 
glish  minister  considers  them  as  independent ;  from  thence,  it  fol 
lows,  that  according  to  the  very  propositions  of  the  court  of  Lon 
don,  almost  the  whole  course  of  the  Ohio  belonged  to  France ; 
and  that  the  countries  situated  to  the  westward  of  the  mountains 
were  considered  as  having  nothing  in  common  with  the  colonies. 

"  When  peace  was  negociated,  in  1761,  France  offered  to  make 
a  cession  of  Canada  to  England.  The  regulation  of  the  limits  of 
this  colony  and  Louisiana  was  in  question.  France  pretended 

VOL.  II.  18 


138  POLITICAL  AND  CIVIL  HISTORY 

that  almost  the  whole  course  of  the  Ohio  made  a  part  of  Louis 
iana  ;  and  the  court  of  London,  to  prove  that  this  river  belonged 
to  Canada,  produced  several  authentic  papers,  among  others,  the 
chart  which  Mon.  Vaudreuil  delivered  to  the  English  command- 
ant,when  he  abandoned  Canada.  The  minister  of  London  main 
tained,  at  the  same  time,  that  a  part  of  the  savages  situated  to 
the  eastward  of  the  Mississippi,  were  independent ;  another  part 
under  its  protection  ;  and  that  she  had  purchased  a  part  from  the 
five  Iroquois  nations.  The  misfortunes  of  France  cut  these  dis 
cussions  short.  The  treaty  of  Paris  assigned  the  Mississippi  for 
the  boundary  between  the  possessions  of  France  and  Great  Brit 
ain. 

"  Let  us  see,"  adds  Mr.  Rayneval,  "  the  dispositions  which  the 
court  of  London  has  made,  in  consequence  of  the  treaty  of  Paris. 
If  she  had  considered  the  vast  territories  situated  to  the  eastward 
of  the  Mississippi,  as  forming  a  part  of  her  ancient  colonies,  she 
would  have  declared  so,  and  have  made  dispositions  accordingly. 
So  far  from  any  such  thing,  the  king  of  England,  in  a  proclama 
tion  of  the  month  of  October,  1763,  declares,  in  a  precise  and 
positive  manner,  that  the  lands  in  question  are  situated  between 
the  Mississippi,  and  the  ancient  English  establishments.  It  is. 
therefore,  clearly  evident,  that  the  court  of  London  itself,  when  it 
was  yet  sovereign  of  the  thirteen  colonies,  did  not  consider  the 
aforementioned  lands  as  forming  part  of  those  same  colonies  ;  and 
it  results  from  this,  in  the  most  demonstrative  manner,  that  they 
have  not  at  this  time,  any  right  over  those  lands.  To  maintain 
the  contrary,  every  principle  of  the  laws  of  nature  and  nations 
must  be  subverted. 

"The  principles  now  established,"  Mr.  Rayneval  subjoins, 
"  are  as  applicable  to  Spain,  as  to  the  United  States.  This  pow 
er  cannot  extend  its  claim  beyond  the  bounds  of  its  conquests  ;  she 
cannot  therefore  pass  beyond  the  Natchez,  situated  towards  the 
thirty-first  degree  of  latitude  :  her  rights  are  therefore  confined  to 
this  degree  ;  what  is  beyond,  is  either  independent,  or  belonging 
to  England  ;  neither  Spain  nor  the  Americans  can  have  any  pre 
tensions  thereto.  The  future  treaty  of  peace  can  alone  regulate 
the  respective  rights.  The  consequence  of  all  that  has  been  said, 


OF  THE  UNITED  STATES.  139 

is,  that  neither  Spain  nor  the  United  States  have  the  least  right 
to  the  sovereignty  over  the  savages  in  question  ;  and  that  the 
transactions  they  may  carry  on,  as  to  this  country,  would  be  to 
no  purpose.  But  the  future  may  bring  forth  new  circumstances  ; 
and  this  reflection  leads  me  to  suppose,  that  it  would  be  of  use, 
that  the  court  of  Madrid  and  the  United  States  should  make  an 
eventual  arrangement. 

"  This  arrangement  may  be  made  in  the  following  manner.  A 
right  line  should  be  drawn  from  the  eastern  angle  of  the  gulf  of 
Mexico,  which  makes  the  section  between  the  two  Floridaa,  to 
fort  Toulouse  situated  in  the  country  of  the  Alibamas  ;  from 
thence  the  river  Louishatchi  should  be  ascended,  from  the 
mouth  of  which,  a  right  line  should  be  drawn  to  the  fort  or  facto 
ry  of  Quenassie  ;  from  this  last  place  the  course  of  the  river  Eu- 
phasee  is  to  be  followed,  till  it  joins  the  Cherokee  ;  the  course  of 
this  last  river  is  to  be  pursued,  to  the  place  where  it  receives  the 
Pelissippi ;  this  last  to  be  followed  to  its  source  ;  from  whence  a 
right  line  is  to  be  drawn  to  Cumberland  river,  whose  course  is  to 
be  followed  until  it  falls  into  the  Ohio.  The  savages  to  the  west 
of  the  line  described  should  be  free,  and  under  the  protection  of 
Spain ;  those  to  the  eastward  should  be  free,  and  under  the  pro 
tection  of  the  United  States,  or  rather  the  Americans  may  make 
such  arrangements  with  them,  as  is  most  convenient  to  them 
selves.  The  trade  should  be  free  to  both  parties. 

"  By  looking  on  the  chart,"  says  the  French  secretary,  "  we 
will  find,  that  Spain  would  lose  almost  the  whole  course  of  the 
Ohio ;  and  that  the  establishments,  which  the  Americans  have 
made  on  this  river  would  remain  untouched ;  and  that  even  a 
very  extensive  space  remains  to  form  new  ones. 

"  As  to  the  course  and  navigation  of  the  Mississippi,  they  follow 
with  the  property,  and  they  will  belong,  therefore,  to  the  nation 
to  which  the  two  banks  belong.  If  then,  by  the  future  treaty  of 
peace,  Spain  preserves  West  Florida,  she  alone  will  be  proprietor 
of  the  course  of  the  Mississippi,  from  the  thirty -first  degree  of  lat 
itude,  to  the  mouth  of  this  river.  Whatever  may  be  the  case  with 
that  part,  which  is  beyond  this  point  to  the  north,  the  United 


140  POLITICAL  AND  CIVIL  HISTORY 

States  have  no  pretensions  to  it,  not  being  masters  of  either  bor 
der  of  the  river. 

"  As  to  what  respects  the  lands  situated  to  the  northward  of 
the  Ohio,  there  is  reason  to  presume  that  Spain  can  form  no  pre 
tensions  thereto.  Their  fate  must  be  regulated  by  the  court  of 
London" 

This  extraordinary  communication,  no  doubt,  developed  the 
opinions  of  the  French  court  on  a  question  more  interesting  to  the 
United  States,  than  any  that  would  probably  occur  in  the  course 
of  the  negociation  ;  and  placed  the  American  negociators,  who  on 
this  subject  were  at  the  mercy  of  the  French  cabinet,  in  a  situa 
tion  extremely  embarrassing.  France  and  Spain  wished  to  in 
duce  the  American  ministers  to  agree  on  western  limits,  as  a  pre 
liminary  to  negociations  with  Great  Britain,  and  to  leave  the 
country  west  of  such  limits  to  be  adjusted  between  them  and  the 
court  of  London.  The  line  designated  by  Rayneval,  though  a 
little  farther  west  than  that  pointed  out  by  de  Aranda,  left  not  only 
the  lands  north  of  the  Ohio,  but  a  part  of  the  country  now  con 
stituting  the  state  of  Tennessee,  and  nearly  the  whole  contained 
in  the  present  states  of  Alabama  arid  Mississippi,  without  the 
limits  of  the  United  States.  The  extensive  country  west,  now  in 
habited  by  millions  of  American  citizens,  was  "•  to  be  regulated 
by  the  court  of  London,"  in  its  arrangements  with  France  and 
Spain. 

Immediately  after  the  receipt  of  this  communication,  Mr.  Jay 
was  informed,  that  Rayneval  left  Versailles  for  London,  though 
it  was  given  out  he  was  gone  into  the  country.  He  conjectured 
that  one  object  of  his  mission  was  to  interfere  respecting  Mr.  Os 
wald's  commission,  and  instructions  concerning  the  fisheries  and 
western  limits  ;  and  he  sent  a  messenger  to  London,  to  counter 
act  any  intended  measures  of  this  kind.  Mr.  Rayneval,  soon  af 
ter  he  returned  from  England,  asked  the  American  commissioners, 
what  their  demands  were,  as  to  the  fisheries  ;  and  when  informed, 
that  they  should  insist  on  a  right  to  them  in  common  with  Great 
Britain,  he  intimated,  that  their  claims  should  be  limited  to  the 
coast  fishery.  He  was  told  by  Dr.  Franklin,  that  the  right  they 


OF  THE  UNITED  STATES.  HI 

claimed  was  essential  to  the  interest  of  the  United  States,  and 
particularly  to  New  England ;  Mr.  Rayneval  then  said,  it  was 
natural  for  France,  to  favor  the  United  States  rather  than  Eng 
land  ;  he  supposed,  however,  Great  Britain  would  be  unwilling  to 
relinquish  a  share  in  the  fisheries,  and  that  he  wished  as  few  ob 
stacles  to  peace  as  possible.* 

The  suspicions  of  the  American  ministers,  as  to  the  views  of 
the  French  court,  concerning  the  fisheries  and  boundaries,  were 
confirmed  by  a  letter  from  Barbe  de  Marbois,  charge  des  affairs 
in  America,  a  copy  of  which,  (the  original  having  been  intercept 
ed,)  was,  about  this  time,  put  into  their  hands.  By  this  letter  da 
ted  the  13th  of  March,  1782,  (the  authenticity  of  which,  it  is  be 
lieved,  has  never  been  denied,)  it  appeared,  that  the  ideas  of  Mr. 
Rayneval,  relative  to  western  limits,  was  not  confined  to  himself 
alone.  Mons.  Barbois  had  been  long  in  America,  and  well  knew 
the  deep  interest  felt,  in  one  part  of  the  union,  in  retaining  the 
fisheries,  and  in  the  other,  in  securing  the  western  country  and 
the  navigation  of  the  Mississippi.  He,  also,  well  knew,  the 
king  of  France  was  "  master  of  the  terms  of  the  treaty  of  peace." 
The  policy  as  well  as  intention  of  France,  as  disclosed  by  this 
letter,  evidently  was,  that  the  fisheries  and  the  western  country 
should  be  relinquished  by  the  United  States,  as  the  price  of 
peace  ;  and  Mons.  Barbois,  hints  to  Vergennes  the  propriety  of 
taking  early  measures,  to  prevent  any  discontents  in  America,  in 
consequence  of  such  relinquishment. 

After  speaking  of  the  different  parties  in  the  United  States,  on 
these  subjects,  he  says,  "  there  are  some  judicious  persons,  to 
whom  one  may  speak  of  giving  up  the  fisheries ,  and  the  *  * 

*  t  of  the  west,  for  the  sake  of  peace.  But  there  are  enthusi 
asts,  who  fly  out  at  this  idea,  and  their  numbers  cannot  fail  of  in 
creasing,  when,  after  the  English  are  expelled  this  continent,  the 
burden  of  the  war  will  scarce  be  felt." 

On  the  subject  of  the  fisheries,  he  suggested,  that  the  king 
should  "  cause  it  to  be  intimated  to  congress,  or  to  the  ministers, 
his  surprise,  that  the  Newfoundland  fisheries  had  been  included 

*  Gordon,  vol.  3,  p.  349.        |  Lands,  no  doubt. 


142  POLITICAL  AND  CIVIL  HISTORY 

in  the  additional  instructions  ;  that  the  United  States  set  forth, 
therein,  pretensions,  without  paying  regard  to  the  king^s  rights, 
and  without  considering  the  impossibility  they  are  under,  of  mak 
ing  conquests,  and  keeping  what  belongs  to  Great  Britain."  In 
conclusion,  he  says,  "  but  it  is  best  to  be  prepared,  for  any  dis 
content,  although  it  should  be  temporary.  It  is  remarked  by 
some,  that  as  England  has  other  fisheries  besides  Newfoundland, 
she  may,  perhaps,  endeavor  that  the  Americans  should  partake  in 
that  of  the  grand  bank,  in  order  to  conciliate  their  affections,  or 
procure  some  compensation,  or  create  a  jealousy  between  them 
and  us.  But  it  does  not  seem  likely,  that  she  will  act  so  contrary 
to  her  interest ;  and  were  she  to  do  it,  it  will  be  better  to  have 
declared,  at  an  early  period  to  the  Americans,  that  their  preten 
sion  is  not  founded,  and  that  his  majesty  does  not  intend  to  sup 
port  it."* 

While  the  memorial  drawn  by  Mr.  Jay,  to  be  presented  to  the 
French  minister,  was  under  the  consideration  of  Dr.  Franklin, 
the  question  about  the  powers  of  Mr.  Oswald,  was  settled  to 
the  satisfaction  of  the  American  commissioners,  by  the  arriv 
al  of  a  second  commission,  bearing  date  the  21st  of  Septem 
ber.  A  copy  of  the  letter  from  the  British  secretary,  Mr.  Towns- 
hend,  on  this  subject,  was  delivered  to  Dr.  Franklin  and  Mr. 
Jay.  Referring  to  the  despatches  of  Mr.  Oswald,  requesting 
an  alteration  in  his  commission,  the  British  secretary  says, 
"  a  meeting  of  the  king's  confidential  servants  was  held  as 
soon  as  possible,  to  consider  the  contents  of  them,  and  it  was  at 
once  agreed  to  make  the  alteration  in  the  commission  proposed 
by  Dr.  Franklin  and  Mr.  Jay.  I  trust  the  readiness  with  which 
this  proposal  has  been  accepted,  will  be  considered  as  an  ample 
testimony  of  the  openness  and  sincerity  with  which  the  govern 
ment  of  this  country  is  disposed  to  treat  with  the  Americans."! 
The  British  negociator  was  now  authorized  to  treat  and  conclude 
with  any  commissioners,  vested  with  equal  powers,  "  by  and  on 
the  part  of  the  thirteen  United  States  of  America,  &c.  a  peace  or 
truce  with  the  United  States."  Under  this  commission,  negoci- 
*  Franklin's  Work?,  and  Note  13.  f  Franklin's  Works,  rol.  5,  p,  174. 


OF  THE  UNITED  STATES.  143 

ations  soon  commenced  between  Dr.  Franklin  and  Mr.  Jay,  (the 
other  commissioners  not  having  yet  arrived  at  Paris,)  and  Mr. 
Oswald  ;  and  on  the  8th  of  October,  certain  articles  were  assent 
ed  to,  to  be  inserted  in  a  future  treaty,  and  sent  by  the  latter  to 
the  court  of  London,  for  consideration.  These  articles  embra 
ced  the  subjects  of  boundaries  and  the  fisheries.  As  to  bounda 
ries,  they  were  nearly  the  same  as  claimed,  in  the  first  instructions 
to  Mr.  Adams  ;  the  north  line  running  from  latitude  forty-five  de-. 
grees  on  the  St.  Lawrence,  to  the  south  end  of  lake  Nipissing, 
and  from  thence  straight  to  the  source  of  the  Mississippi,  and  by 
that  river  to  latitude  thirty-one  degrees  north.  By  this  line,  the 
great  lakes,  with  the  exception  of  Superior,  were  included  within 
the  United  States.  The  right  to  the  fisheries,  as  formerly  used, 
was  confirmed  and  secured  to  the  citizens  of  America.* 

Mr.  Oswald  was  particularly  instructed  to  procure  a  restora 
tion  of  the  property  of  the  American  loyalists,  confiscated 
during  the  revolution,  or  a  compensation  in  money.  The 
American  commissioners  informed  him,  that  congress  had  no 
power  to  order  a  restitution  of  such  property  ;  that  the  con 
fiscations  were  made,  under  laws  of  the  several  states,  over 
which  they  had  no  control.  This  subject  was  not  then  pressed 
further  ;  nor  did  these  articles  contain  any  provision,  for  the  re 
covery  of  British  debts  in  America. 

The  British  ministry  were  dissatisfied  with  these  articles  ;  and 
on  the  23d  of  October,  a  Mr.  Strachey,  an  under  secretary,  was 
sent  to  Paris,  with  new  instructions  to  Mr.  Oswald  ;  and  the  ne- 
gociations  were  renewed.  About  the  same  time,  Mr.  Adams  who 
had  now  completed  a  treaty  with  Holland,  joined  Dr.  Franklin 
and  Mr.  Jay  at  Paris. 

The  great  questions  respecting  boundaries,  the  fisheries,  and 
the  loyalists,  again  came  under  discussion. 

The  British  negociators,  insisted  at  first,  that  the  river  Ohio, 
should  be  the  western  limits  of  the  United  States. 

To  this  proposition  the  American  commissioners  refused  to 
listen  for  a  moment,  and  at  last,  the  great  lakes  were  divided  be« 

*  Note  14, 


144  POLITICAL  AND  CIVIL  HISTORY 

tween  the  two  countries  ;  and  the  river  Mississippi,  from  its  source 
to  latitude  thirty-one  degrees  north,  was  made  the  western  boun 
dary.  The  subjects  of  the  fisheries  and  the  loyalists,  produced 
much  more  discussion  and  difficulty.  The  British  ministers  were 
determined  to  confine  the  United  States  in  the  fisheries,  to  very 
narrow  limits.  This  was  resisted  with  great  firmness  and  perse 
verance,  by  the  American  commissioners.  They  well  knew  their 
importance  to  New  England,  particularly  to  Massachusetts,  and 
were  determined  not  to  yield  them,  at  the  suggestion  either 
of  the  British  or  French  court.  Mr.  Adams  felt  a  peculiar  inter 
est  in  securing  to  his  countrymen  the  fisheries,  as  they  had  hither 
to  used  them.  He  demanded  them  as  a  right,  declaring  that  the 
Americans  or  the  first  adventurers  to  America,  first  discovered 
and  used  them — that  the  inhabitants  of  New  England  had  de 
fended  and  preserved  them  for  the  British  empire,  and  had  as 
good  a  right  to  them  as  the  inhabitants  of  Canada  or  Nova  Sco 
tia  ;  and  that  in  a  division  of  the  British  empire,  which  was  then 
to  be  made,  a  share  in  the  fisheries  should  of  course  be  allowed 
to  the  Americans. 

He,  also,  urged,  that  this  would  be  advantageous  to  Great 
Britain  herself;  as  it  would  enable  the  people  of  the  United 
States  more  easily  to  pay  for  the  manufactures,  which  they  would 
still  take  from  her  ;  and  would  also  prevent  contention  between 
American  and  British  seamen. 

That  some  provision  should  be  made  for  the  loyalists,  the  Brit 
ish  ministry  had  much  at  heart.  This  was  strongly  urged  in  two 
separate  notes,  from  Mr.  Oswald  and  Mr.  Strachey.  They  in 
sisted  on  a  stipulation  either  for  the  restitution  of  the  property, 
or  a  compensation,  before  proceeding  further  in  the  negociation  ; 
and  intimated,  that  a  refusal  would  be  a  great,  if  not  an  insuper 
able  obstacle  to  peace,  between  the  two  countries.  To  these 
notes  the  American  ministers  replied,  that  they  had  no  authority 
to  stipulate  for  a  restoration  of  the  property,  if  that  were  now 
practicable  ;  and  that  no  compensation  would  be  made,  or  stipu 
lated  to  be  made,  unless  Great  Britain  on  her  part,  would  agree, 
"  to  make  retribution  to  American  citizens,  for  the  heavy  losses 


OF  THE  UNITED  STATES.  145 

they  had  sustained,  by  the  unnecessary  destruction  of  private 
property."  "  We  have  already  agreed,"  they  added,  "  to  an  am 
nesty  more  extensive  than  justice  required,  and  full  as  extensive 
as  humanity  could  demand  :  we  can,  therefore,  only  repeat,  that 
it  cannot  be  extended  farther.  We  shall  be  sorry,  if  the  absolute 
impossibility  of  our  complying  further  with  your  propositions, 
should  induce  Great  Britain  to  continue  the  war,  for  the  sake  of 
those,  who  caused  and  prolonged  it :  but,  if  that  should  be  the 
case,  we  hope  that  the  utmost  latitude  will  not  be  again  given  to 
its  rigours."* 

A  special  messenger  was  sent  to  London,  on  this  subject,  and 
returned  with  an  answer,  still  insisting  on  compensation  to  this 
class  of  people.  The  American  commissioners  still  refused,  but 
on  the  terms  before  stated  ;  and  Dr.  Franklin  proposed  as  an  off 
set  to  this  claim,  a  new  article,  declaring,  "  that  his  Britannic 
majesty  will  recommend  it  to  his  parliament  to  provide  for  and 
make  compensation  to  the  merchants  and  shopkeepers  of  Boston, 
whose  goods  and  merchandise  were  seized  and  taken  out  of  the 
stores,  warehouses,  and  shops,  by  order  of  general  Gage,  and 
others  of  his  commanders  or  officers  there  ;  and  also  to  the  in 
habitants  of  Philadelphia  for  the  goods  taken  away  by  his  army 
there,  and  to  make  compensation  also  for  the  tobacco,  rice,  indi 
go,  negroes,  &c.  seized  and  carried  off  by  his  armies  under  gen 
erals  Arnold,  Cornwallis,  and  others,  from  Virginia,  North  and 
South  Carolina,  and  Georgia :  and  also  for  all  vessels  and  car 
goes  belonging  to  the  inhabitants  of  the  said  United  States, 
which  were  stopt,  seized,  or  taken,  either  in  the  ports  or  in  the 
seas,  by  his  governors,  or  by  his  ships  of  war,  before  the  declara 
tion  of  war  against  the  said  states.  And  that  his  Britannic  ma 
jesty  will  also  earnestly  recommend  it  to  his  parliament  to  make 
compensation  for  all  the  towns,  villages,  and  farms,  burnt  and 
destroyed  by  his  troops  or  adherents  in  the  United  States."!  As 
an  ultimatum  on  this  subject  the  American  ministers  proposed  a 
stipulation,  that  congress  should  recommend  to  the  several  states, 
to  provide  for  the  restoration  of  the  property  of  the  loyalists.  They 

*  American  State  Papers,  vol.  1,  p  327.        f  Do.  p.  336, 
VOL.  II.  19 


146  POLITICAL  AND  CIVIL  HISTORY 

at  the  same  time,  informed  the  British  ministers,  that  such  was 
the  public  feeling  towards  this  class  of  people  in  America,  that 
the  recommendation  would  not,  probably,  "be  regarded  by  the 
States.* 

This  subject,  as  well  as  the  fisheries,  remained  in  suspense, 
therefore,  until  the  29th  of  November ;  when,  after  a  long  con 
ference,  the  ultimatum  of  the  American  commissioners  was  final 
ly  agreed  to,  on  the  part  of  the  British  negociators.  The  latter, 
however,  were  very  unwilling,  by  any  expressions  in  the  treaty,  to 
acknowledge  the  right  of  the  Americans  to  any  part  of  the  fishe 
ries  ;  but  wished  merely  to  allow  them  the  liberty  of  fishing.  But 
Mr.  Adams  insisted  on  their  right,  particularly  on  the  grand  bank, 
and  in  the  open  seas  ;  and  it  was  finally  agreed,  that  the  Ameri 
cans  should  continue  to  enjoy  unmolested  the  right  to  take  fish  on 
the  grand  bank,  and  on  all  the  other  banks  of  Newfoundland, 
also,  in  the  gulf  of  St.  Lawrence,  and  at  all  other  places,  in  the 
sea,  where  the  inhabitants  of  both  countries  had  used,  heretofore, 
to  fish  ;  and  have  liberty  to  take  fish,  on  such  part  of  the  coast  of 
Newfoundland,  as  British  fishermen  should  use,  and  on  the  coast, 
bays,  and  creeks  of  all  other  the  king's  dominions,  in  America, 
with  the  liberty  of  drying  fish  on  the  unsettled  parts  of  Nova  Sco 
tia,  Magdalen  Islands,  and  Labrador. 

As  large  debts  were  due,  from  the  Americans  to  the  British 
merchants,  at  the  commencement  of  the  revolution,  it  was  stipu 
lated,  that  creditors,  on  either  side,  should  meet  with  no  lawful 
impediment  to  the  recovery  of  the  value  of  them,  in  sterling 
money. 

The  British  king  was,  with  all  convenient  speed,  to  withdraw 
all  his  armies,  garrisons,  and  fleets  from  the  United  States,  and 
from  every  post,  place,  and  harbor  within  the  same. 

It  was,  also,  stipulated  that  the  navigation  of  the  river  Missis 
sippi,  from  its  source  to  the  ocean,  should  be  free  to  both  parties  ; 
and  that  no  negroes  or  other  property  belonging  to  the  American 
inhabitants  should  be  carried  away  on  leaving  America. 

The  articles  were  signed  the  next  day,  the  30th  of  November, 
but  were  not  to  take  effect,  until  peace  should  be  concluded 
*  American  State  Papers,  vol.  1,  p.  264. 


OF  THE  UNITED  STATES.  147 

between  Great  Britain  and  France.  The  limits  between  the 
United  States  and  the  Floridas,  were  fixed  in  latitude  thirty  one 
degrees,  on  the  Mississippi,  from  thence  to  the  middle  of  the 
river  Apalachicola ;  thence  along  the  middle  thereof  to  its  junc 
tion  with  the  Flint  river  ;  thence  straight  to  the  head  of  St.  Ma 
ry's  river ;  arid  thence  down  the  middle  of  St.  Mary's  to  the  At 
lantic  ocean.  There  was,  however,  a  separate  and  secret  article, 
providing  "  that  in  case  Great  Britain,  at  the  conclusion  of  the 
present  war,  should  recover,  or  be  put  in  possession  of  West 
Florida,  the  line  of  north  boundary  between  that  province  and 
the  United  States,  should  be  a  line  drawn  from  the  mouth  of  the 
river  Yazous,  where  it  unites  with  the  Mississippi,  due  east  to  the 
river  Apalachiola."  Though  the  northern  bounds  of  West  Florida, 
by  the  British  proclamation  of  October,  1763,  were  fixed  at  lati 
tude  thirty  one  degrees,  yet  afterwards,  in  the  year  1774,  by  a 
commission  and  instructions  given  to  governor  Chester,  the  north 
bounds  of  that  province  were  extended  to  the  mouth  of  the  river 
Yazous,  and  from  thence  east,  to  the  river  mentioned  in  the  se 
cret  article. 

In  concluding  this  provisional  treaty,  as  it  was  called,  the 
American  negociators  did  not  consult  the  French  court,  or  its 
ministers ;  and  in  this  respect,  violated  their  instructions.  The 
count  de  Vergennes  had  at  first  suggested  to  them,  that  both  ne- 
gociations  should  proceed  together,  and  the  treaties  be  signed  on 
the  same  day. 

The  American  commissioners,  however,  were  convinced,  that 
the  best  interests  of  their  country,  demanded  the  course  of  pro 
ceeding  adopted  by  them  ;  and  felt  perfectly  justified,  in  depart 
ing  from  their  instructions. 

They  had  strong  reasons  for  believing,  that  on  the  great  and  in 
teresting  questions  of  boundaries,  the  fisheries,  and  even  concern 
ing  the  loyalists,  the  views  of  the  French  court  were  very  differ 
ent  from  theirs.  Indeed  it  was  not  difficult  to  foresee,  that  in  the 
adjustment  of  so  many  different  claims,  and  counter  claims,  as 
must  necessarily  exist,  between  Great  Britain,  and  the  four  pow 
ers,  confederated  against  her,  in  such  a  war,  great  difficulties 


148  POLITICAL  A"ND  CIVIL  HISTORY 

would  arise;  and  that  even  among  the  confederates  themselves, 
there  might  be  interfering  claims. 

France,  Spain,  and  Holland,  had  important  interests  to  settle, 
not  only  on  the  American  continent,  but  in  Europe,  the  East  and 
West  Indies,  and  indeed  in  every  part  of  the  world  ;  and  each 
would  naturally  demand  terms  most  advantagous  for  itself.  If 
Great  Britain  should  be  induced  to  insist  on  terms  less  advan 
tageous  to  one,  it  might  be  expected,  and  even  required  of  her, 
to  grant  those  which  were  more  beneficial  to  another.  Nor  was 
it  strange,  that  the  house  of  Bourbon  should  wish  to  regain,  at 
the  close  of  this  war,  what  it  had  lost  by  the  humiliating  terms  of 
the  treaty,  which  concluded  the  last. 

The  ideas  of  Mr.  Rayneval,  the  confidential  secretary  of  the 
count  de  Vergennes,  concerning  western  limits,  had  been  com" 
municated  to  Mr.  Jay,  before  the  commencement  of  negocia 
tions  with  Mr.  Oswald,  and  it  was  impossible  to  believe,  that  this 
was  done  without  the  knowledge  and  approbation  of  the  French 
minister.  From  this  communication,  and  the  claim  made  by  the 
Spanish  ambassador,  there  could  be  no  doubt,  that  France  and 
Spain  intended,  either  to  secure  the  western  country  to  them 
selves,  or  yield  it  to  Great  Britain  for  an  equivalent  elsewhere. 
Nor  was  there  less  doubt,  as  to  the  real  views  of  the  French 
court,  with  regard  to  the  fisheries.  With  respect  to  the  loyalists, 
the  count  de  Vergennes  himself,  expressed  an  opinion  to  Mr. 
Adams  in  favor  of  some  provision  for  them.* 

Under  these  circumstances,  Mr.  Adams  and  Mr.  Jay  determin 
ed  to  act  for  themselves,  and  conclude  the  treaty,  without  con 
sulting  the  French  court,  or  its  ministers ;  and  Dr.  Franklin,  in 
formed  of  their  determination,  agreed  to  proceed  with  them.  Mr. 
Laurens  did  not  join  the  other  commissioners,  until  two  days  be 
fore  the  signing  of  the  treaty,  but  he  concurred  in  their  proceed 
ings  ;  and  at  his  suggestion,  a  clause  was  inserted,  prohibiting  the 
carrying  away  negroes,  or  other  property  belonging  to  American 
inhabitants. 

This  negociation,  so  interesting  to  the  United  States,  was  for 
tunately  intrusted  to  gentlemen  distinguished  for  their  firmness, 
*  American  State  Papers,  Mr.  Adams'  Journal,  vol.  1,  p.  328. 


OF  THE  UNITED  STATES.  149 

as  well  as  talents  and  integrity.  They  knew  too  well  how  much 
the  future  prosperity  and  happiness  of  their  country  depended,  on 
securing  the  fisheries,  the  western  country,  and  a  part  of  the  great 
lakes,  to  run  the  hazard  of  losing  them,  at  the  suggestion  or  ad 
vice  of  any  power  whatever. 

Sensible,  that  without  these  advantages,  independence  itself, 
would  be  of  comparatively  little  value,  they  had  the  firmness  to 
declare,  that  without  them,  there  should  be  no  peace.  Dr.  Frank 
lin,  in  August,  1782,  speaking  of  the  claim  of  Spain  to  the  west 
ern  country,  says,  "  that  my  conjecture  of  that  court's  design,  to 
coop  up  us  within  the  Alleghany  mountains,  is  now  manifest.  I 
hope  congress  will  insist  on  the  Mississippi,  as  the  boundary,  and 
the  free  navigation  of  the  river,  from  which  they  would  exclude 
us."*  Mr.  Jay  afterwards  declared,  "  that  he  would  never  set 
his  hand  to  a  bad  treaty,  nor  to  one,  which  did  not  secure  the 
fishery." 

The  American  treaty  (except  the  secret,  article)  was  commu 
nicated  to  the  count  de  Vergennes,  by  Dr.  Franklin,  who,  at 
the  same  time,  informed  him,  that  it  was  to  be  sent  to  America, 
by  the  Washington  packet,  under  a  passport  from  the  king  of 
England. 

Vergennes  made  some  objections  to  sending  it  under  a  British 
passport,  as  English  letters  might  be  transmitted  by  the  same 
vessel,  conveying  improper  information. 

The  passport,  however,  soon  after  arrived,  and  Dr.  Franklin,  in 
a  note  informed  the  French  minister  of  this  fact,  and  that  the 
packet  would  sail  immediately.  He  also  inquired,  what  informa 
tion  he  might  give  congress,  as  to  the  aids  they  had  asked  of  the 
king.  The  answer  of  the  French  minister  disclosed  his  own  feel 
ings  as  well  as  those  of  the  French  court,  concerning  the  conduct 
of  the  American  commissioners,  in  concluding  a  treaty,  without 
their  concurrence  and  advice. 

"  I  cannot  but  be  surprised,  sir,"  he  said,  "  that,  after  the  ex 
planation  I  have  had  with  you,  and  the  promise  you  gave,  that 
you  would  not  press  the  application  for  an  English  passport,  for 

4  Franklin's  Works,  vol.  5,  p.  157. 


150  POLITICAL  AND  CIVIL  HISTORY 

the  sailing  of  the  Washington  packet,  that  you  now  inform  me, 
you  have  received  the  passport,  and  that,  at  ten  o'clock  to-mor 
row  morning,  your  courier  will  set  out,  to  carry  your  dispatches. 
I  am  at  a  loss,  sir,  to  explain  your  conduct,  and  that  of  your  col 
leagues,  on  this  occasion. 

"  You  have  concluded  your  preliminary  articles,  without  any 
communication  between  us,  although  the  instructions  from  con 
gress,  prescribe,  that  nothing  shall  be  done,  without  the  partici 
pation  of  the  king. 

"  You  are  about  to  hold  out  a  certain  hope  of  peace  to  Ameri 
ca,  without  ever  informing  yourself,  on  the  state  of  the  negocia- 
tion  on  our  part.  You  are  wise  and  discreet,  sir ;  you  perfectly 
understand,  what  is  due  to  propriety  ;  you  have,  all  you  life,  per 
formed  your  duties.  I  pray  you  to  consider  how  you  propose  to 
fulfil  those,  which  are  due  to  the  king.  I  am  not  desirous  of 
enlarging  these  reflections ;  I  commit  them  to  your  integrity. 
When  you  shall  be  pleased  to  satisfy  my  uncertainty,  I  will  en 
treat  the  king  to  enable  me  to  answer  your  demands." 

This  note  placed  Dr.  Franklin  in  a  situation  not  less  delicate 
than  embarrassing.  In  his  answer,  after  stating  that  the  British 
had  sent  the  passport,  without  being  pressed  to  do  it,  he  says, 
"nothing  has  been  agreed  in  the  preliminaries,  contrary  to  the 
interest  of  France  ;  and  no  peace  is  to  take  place  between  us 
and  England,  till  you  have  concluded  your's.  Your  observation 
is,  however,  just,  that,  in  not  consulting  you,  before  they  were 
signed,  we  have  been  guilty  of  neglecting  a  point  of  bienseance. 

"  But,  as  this  was  not  from  any  want  of  respect  for  the  king, 
whom  we  love  and  honor,  we  hope  it  will  be  excused  ;  and  that 
the  great  work  which  has  hitherto  been  so  happily  brought  to 
perfection,  and  is  so  glorious  to  his  reign,  will  not  be  ruined  by  a 
single  indiscretion  of  ours.  And  certainly  the  whole  edifice 
sinks  to  the  ground  immediately,  if  you  refuse,  on  that  account, 
to  give  us  any  more  assistance. 

"  We  have  not  yet  despatched  the  ship,  and  I  beg  leave  to 
wait  on  you,  on  Friday,  for  your  answer. 

"  It  is  not  possible,"  he  added,  "  for  any  one  to  be  more  sensi 
ble  than  I  am,  of  what  I,  and  every  American  owe  to  the  king* 


OF  THE  UNITED  STATES.  151 

for  the  many  and  great  benefits  and  favors  he  has  bestowed  upon 
us.  All  my  letters  to  America  are  proofs  of  this  ;  all  tending  to 
make  the  same  impression  on  the  minds  of  my  countrymen,  that 
I  felt  in  my  own.  And  I  believe  no  prince  was  ever  more  belov 
ed  and  respected  by  his  own  subjects,  or  by  the  people  of  the 
United  States.  The  English,  I  just  now  hear,  flatter  themselves, 
they  have  already  divided  us.  I  hope  this  little  misunderstanding 
will,  therefore  be  kept  a  secret,  and  that  they  will  find  themselves 
mistaken."* 

At  the  time  of  the  signature  of  the  provisional  treaty,  the 
terms  of  peace,  between  Great  Britain,  and  France  and  Spain, 
were  not  adjusted.  Unable  to  obtain  Gibraltar  by  force,  Spain 
resolved  to  secure  it  by  negociation,  and  her  minister,  count  de 
Aranda,  was  instructed  to  make  the  acquisition  of  that  fortress 
a  sine  qua  non.  This  created  great  delay,  as  well  as  difficulty,  in 
the  negociations  between  those  powers. 

To  effect  this  object,  the  aid  of  France  was  solicited ;  and 
Spain  offered  the  French  king  her  part  of  St.  Domingo,  if  he 
would  secure  Gibraltar.  Mr.  Rayneval  was  intrusted  with  this 
delicate  and  important  negociation,  at  the  court  of  London.  A 
majority  of  the  British  cabinet,  after  much  debate,  finally  agreed 
to  yield  Gibraltar,  on  the  two  following  conditions. 

1st.  The  restitution  of  all  the  conquests  made  by  Spain,  viz. 
Minorca,  West  Florida  and  the  Bahama  Islands. 

2d.  The  cession  of  the  island  of  Porto  Rico,  or  the  restitution 
of  Dominico,  and  the  cession  of  Guadaloupe. 

The  king  of  France  was  willing  to  restore  Dominico,  and  to 
cede  Guadaloupe,  and  to  take,  in  exchange,  the  Spanish  part  of 
St.  Domingo ;  but  the  king  of  Spain  was  unwilling  to  restore 
West  Florida.! 

The  king  of  England,  however,  at  last  put  an  end  to  this  ne 
gociation,  by  declaring  he  would,  on  no  terms  whatever,  give  up 
Gibraltar.  The  ultimatum  of  the  British  court,  in  relation  to 
territory,  was  the  cession  of  both  the  Floridas,  together  with  Mi- 
*  Franklin's  Works,  vol.  6,  p.  510.  f  Histoire  &c.  de  Diplomatic  Francaise,  vol.  7, 


152  POLITICAL  AND  CIVIL  HISTORY 

norca,  to  Spain,  on  the  restoration  of  the  Bahamas  ;  and  this  was 
finally  accepted  by  de  Aranda,  though  contrary  to  his  instruc 
tions.  Preliminary  treaties  between  Great  Britain,  France  and 
Spain,  were  finally  settled  and  signed,  on  the  20th  of  January, 
1783. 

When  these,  with  the  provisional  treaty  with  America,  were 
laid  before  parliament,  in  February  following,  they  became  the 
subject  of  violent  debates,  and  severe  animadversion.  The  min 
istry  were  accused  of  sacrificing  the  interests  of  their  country,  by 
making  unnecessary  concessions  to  their  enemies.  One  of  the 
resolutions  introduced  into  the  house  of  commons,  on  the  subject, 
by  lord  John  Cavendish,  was,  that  "  the  concessions  made  to  the 
adversaries  of  Great  Britain,  by  the  provisional  treaty,  and  pre 
liminary  articles,  were  greater  than  they  were  entitled  to,  either 
from  the  actual  situation  of  their  respective  possessions,  or  from 
their  comparative  strength."  This  resolution  was  carried  against 
the  ministry,  207,  to  190.  The  great  object  of  the  majority  was, 
to  compel  lord  Shelburne,  and  some  of  his  adherents,  to  resign 
their  places.  This  was  effected  by  the  extraordinary  coalition  of 
lord  North  and  Mr.  Fox,  and  their  friends.  On  the  2d  of  April, 
a  new  administration  was  formed,  at  the  head  of  which  was 
placed  the  duke  of  Portland  ;  and  lord  North  and  Mr.  Fox  were 
made  secretaries  of  state. 

The  provisional  treaty  having  become  effectual  in  consequence 
of  the  treaty  between  Great  Britain  and  France,  congress,  on  the 
llth  of  April,  1783,  proclaimed  a  cessation  of  hostilities,  and  on 
the  15th  of  the  same  month,  formally  ratified  the  treaty.  The 
article  concerning  the  recovery  of  debts  contracted  before  the 
revolution,  particularly  its  silence  with  respect  to  interest  dur 
ing  the  time  of  the  war,  produced  dissatisfaction,  in  some  of  the 
states.  In  December,  1782,  the  legislature  of  Virginia  instructed 
their  delegates,  to  procure  from  congress  a  direction  to  their 
ministers,  not  to  agree  to  the  restitution  of  property  confiscated 
by  the  states,  "  nor  submit  that  the  laws  made  by  any  indepen 
dent  state  of  the  union,  be  subjected  to  the  adjudication  of  any 
power  on  earth." 


OF  THE  UNITED  STATES,  153 

The  executive  council  of  Pennsylvania,  in  a  letter  to  congress, 
stated  the  hardships  to  which  the  citizens  of  that  state  might  be 
subjected  by  the  article  in  the  treaty  relating  to  the  recovery  of 
debts,  if  taken  strictly.  This  subject  was  considered  by  congress 
in  May,  1782,  and  their  commissioners  were  instructed  to  repre 
sent  to  the  British  negociators,  the  situation  in  which  the  citizens 
of  the  United  States  would  be  placed  by  an  immediate  collection 
of  debts  contracted  before  the  war  ;  and  to  procure  (if  possible) 
an  article,  that  no  execution  should  issue,  for  any  such  debts, 
in  less  than  three  years  after  signing  of  the  definite  treaty. 
Congress,  at  the  same  time,  declared  that  all  demands  for  inter 
est  accruing  during  the  war,  would  be  highly  inequitable  and  un 
just  ;  and  directed  their  negociators  to  procure  a  precise  definition 
of  the  article  relating  to  debts,  expressly  excluding  all  demand 
for  interest,  in  order  to  prevent  future  disputes  on  that  subject. 

In  April,  1783,  after  the  formation  of  the  new  administration, 
David  Hartley  was  sent  to  Paris,  to  complete  the  negocia- 
tions  between  Great  Britain  and  the  United  States.  The  nego 
ciators,  however,  were  unable  to  agree  on  any  alterations  in  the 
former  articles ;  nor  were  they  able  to  agree  on  arrangements, 
for  the  future  commercial  intercourse  between  the  two  countries. 
On  the  3d  of  September,  1783,  a  definitive  treaty  was  signed, 
containing  only  the  articles  that  were  embraced  in  the  provis 
ional  treaty  of  the  preceding  November.  The  definitive  trea 
ties,  between  Great  Britain,  France  and  Spain,  were  signed  at 
the  same  time :  and  that  between  Great  Britain  and  Holland,  the 
day  preceding. 

The  American  definitive  treaty  was  ratified  by  congress  on  the 
14th  of  January,  1784,  and  on  the  same  day  a  proclamation  was 
issued,  requiring  all  persons  to  carry  the  same  into  effect  with 
good  faith ;  and  it  was  also  earnestly  recommended  to  the  legis 
latures  of  the  respective  states,  to  provide  for  the  restoration  of 
the  property  of  the  loyalists,  agreably  to  the  fifth  article, 

VOL.  II.  20 


CHAPTER  XVI. 

The  revolution  not  effected  without  great  sacrifices  and  sufferings  on  the  part  of  the 
Americans — Paper  money  issued — Depreciates — Taxes  not  called  for  by  congress 
until  November,  1777 — Paper  money  made  a  tender  in  payment  of  debts — Prices  of 
articles  fixed  by  law — Congress  attempt  to  call  in  the  paper,  but  without  success — 
States  neglect  to^comply  with  the  requisitions — Congress  present  an  address  to  the 
states — Paper  ceases  to  circulate  in  1780 — Distresses  of  the  Americans  for  want  of 
funds — Apply  to  France  for  aid — Special  minister  sent  to  the  French  court — King 
of  France  furnishes  money — Loans  obtained  in  Holland — New  arrangements  in  the 
civil  departments — Sufferings  of  the  army — General  Washington's  letters  on  this 
subject — Revolt  of  the  Pennsylvania  line— Americans  suffer  from  the  burning  of 
their  towns — Discontents  among  the  officers  of  the  army— Half  pay  recommended 
by  general  Washington— Finally  granted — Is  unpopular  in  some  of  the  states— Of 
ficers  petition  congress  on  this  subject,  and  for  a  settlement  of  their  accounts- 
Congress  delay  acting  on  their  memorial— This  creates  great  uneasiness  among  the 
officers— A  meeting  called  by  an  anonymous  notification  to  obtain  redress---Pre- 
vented  by  general  Washington— Congress  grant  five  years  full  pay  in  lieu  of  the 
half  pay  for  life— News  of  peace  arrives— -Arrangements  made  for  disbanding  the 
army— General  Washington  sends  a  circular  letter  to  the  states— Definitive  treaty 
of  peace  arrives— Army  finally  disbanded— General  Washington  addresses  the  ar 
my  for  the  last  time— Takes  leaves  of  his  officers— Resigns  his  commission  to 
congress. 

AFTER  a  conflict  of  eight  years,  Great  Britain  was  compelled 
to  acknowledge  the  independence  of  the  United  States,  and  a 
complete  separation  took  place  between  the  two  countries.  This 
political  revolution  was  not  effected  without  immense  sacrifices 
and  sufferings  on  the  part  of  the  Americans. 

Destitute  of  arms  and  ammunition,  without  a  single  ship  of 
war,  and  without  the  means  of  procuring  them,  no  resource  was 
left,  to  enable  them  to  resist  the  mighty  force  brought  against 
them,  but  a  paper  medium. 

During  the  year  1  775,  as  we  have  before  stated,  bills  of  credit 
to  the  amount  of  three  millions  of  dollars,  were  issued  by  con 
gress,  in  addition  to  those  issued  by  some  of  the  individual  states. 
By  new  emissions,  at  different  times,  this  sum  was  increased  at 
the  close  of  the  year  1778,  to  more  than  one  hundred  millions. 


POLITICAL  AND  CIVIL  HISTORY,  &c.  155 

From  the  peculiar  situation  of  the  United  States,  without  com 
merce,,  the  union  incomplete,  the  state  governments  imperfectly 
organized,  congress  deemed  it  imprudent  to  call  for  taxes,  until 
November,  1777.  At  this  time,  they  recommended  to  the  seve 
ral  states,  to  raise  by  taxes,  the  sum  of  five  millions  of  dollars,  for 
the  succeeding  year.  This  sum  was  apportioned  among  the 
states,  having  reference  generally,  to  the  supposed  number  of  in 
habitants  in  each.*  The  sums  so  apportioned,  however,  were 
not  to  be  considered  as  the  final  quota  of  any  state ;  but  the 
amount  paid  by  each,  was  to  be  placed  to  its  credit,  bearing  an 
interest  of  six  per  cent,  from  the  time  of  payment,  until  the  quo 
tas  should  be  finally  adjusted,  agreeably  to  the  confederation,  to 
be  adopted  and  ratified  by  the  states.  If,  on  such  adjustment, 
any  state  had  paid  more  than  its  quota,  it  was  to  receive  interest 
on  the  surplus  ;  if  less,  then  to  pay  interest  on  the  deficiency,  un 
til,  by  a  future  tax,  such  surplus  or  deficiency  should  be  adjusted. 

Depreciation  of  this  paper  was  the  natural  consequence  of  such 
large  emissions.  This  was  seriously  felt,  in  the  beginning  of 
1777  ;  and  to  provide  a  remedy,  congress  in  January  of  that  year, 
made  it  a  tender  in  payment  of  all  public  and  private  debts  ;  and 
a  refusal  to  receive  it,  was  declared  to  be  an  extinguishment  of 
the  debt  itself.  And  they  thought  proper  to  declare,  that  who 
ever  should  refuse  to  receive  it,  in  exchange  for  any  property,  as 
gold  and  silver,  should  be  deemed  an  enemy  to  his  country. 
They,  at  the  same  time,  resorted  to  the  extraordinary  expedient  of 
regulating  the  prices  of  all  articles  necessary  for  the  army  ;  and 
if  any  persons  refused  to  sell  the  surplus  of  what  was  wanted  for 
the  annual  support  of  their  families,  the  purchasing  commissaries 
were  authorized  to  take  such  surplus  at  the  prices  so  fixed. 

*  To  New  Hampshire,  200,000  Delaware,  60,000 

Massachusetts,  820,000  Maryland,  520,000 

Rhode  Island,  100,000  Virginia,  800,000 

Connecticut,  600,000  North  Carolina,  250,000 

New  York,  200,000  South  Carolina,  500,000 

New  Jersey,  270,000  Georgia,  60,000 

Pennsylvania,  620,000 


156  POLITICAL  AND  CIVIL  HISTORY 

These  extraordinary  measures  tended  to  increase  rather  than 
diminish  the  evil.  The  bills  still  continued  to  depreciate  rapidly, 
and  some  more  effectual  remedy,  than  tender  and  regulating  laws, 
was  necessary.  In  1779,  congress  attempted  to  establish  a  fund 
for  sinking  the  bills  then  in  circulation,  by  calling  on  the  states  to 
pay  their  quotas  of  fifteen  millions  of  dollars  for  that  year,  and 
six  millions  annually  for  the  eighteen  succeeding  years. 

These  calls  upon  the  states  were  made  in  vain  ;  little  was  paid 
into  the  public  treasury  ;  and  new  bills  were  issued,  which  swel 
led  the  amount  in  September,  1779,  to  one  hundred  and  sixty 
millions.  At  this  time,  congress  thought  it  necessary,  to  declare 
that  the  issues,  on  no  account,  should  exceed  two  hundred  mil 
lions.  Nor  did  they  then  despair  of  their  ultimate  redemption  at 
par.  In  a  circular  address  to  their  constituents,  they  with  appar 
ent  sincerity  and  zeal,  endeavored  to  prove,  that  the  United  States 
had  the  ability,  as  well  as  disposition  eventually  to  redeem  their 
bills.  After  stating  the  probable  future  resources  of  the  country, 
from  an  increase  of  population,  a  vast  increase  of  agricultural 
productions,  the  avails  of  the  western  lands,  &c.,they  say,  "  who 
ever  examines  the  force  of  these  and  similar  observations,  must 
smile  at  the  ignorance  of  those,  who  doubt  the  ability  of  the  Uni 
ted  States,  to  redeem  the  bills."  They  indignantly  repelled  the 
idea  of  a  violation  of  the  plighted  faith  of  the  nation. 

"  The  pride  of  America,"  they  observed,  "  revolts  at  the  idea  ; 
her  citizens  know  for  what  purpose  these  emissions  were  made, 
and  have  repeatedly  plighted  their  faith  for  the  redemption  of 
them ;  they  are  to  be  found  in  every  man's  possession,  and  every 
man  is  interested  in  their  being  redeemed  ;  they  must  therefore 
entertain  a  high  opinion  of  American  credulity,  who  suppose  the 
people  capable  of  believing,  on  due  reflection,  that  all  America 
will,  against  the  faith,  the  honor,  and  the  interest  of  all  America, 
be  ever  prevailed  upon  to  countenance,  support,  or  permit  so  ruin 
ous,  so  disgraceful  a  measure." 

While  every  one  must  applaud  the  spirit  of  these  observations  ; 
few,  we  believe,  will  not  regret  to  find  in  the  same  address,  re 
marks  on  the  supposed  advantages  of  paper  money,  calcula- 


OF  THE  UNITED  STATES.  157 

ed  to  make  them  doubt  at  least,  whether  congress  were  not  tri 
fling  with  the  public,  on  so  interesting  and  important  a  subject. 

"  Let  it  be  remembered,"  they  remarked,  "  that  paper  money 
is  the  only  kind  of  money,  which  cannot '  make  unto  itself  wings 
and  fly  away.'  It  remains  with  us,  it  will  not  forsake  us,  it  is  al-- 
ways  ready  and  at  hand  for  the  purpose  of  commerce  or  taxes, 
and  every  industrious  man  can  find  it."* 

The  continued  failures  of  the  states  to  comply  with  the  requi 
sitions  made  upon  them,  and  the  increasing  wants  of  the  country, 
increased  the  issues,  (notwithstanding  the  resolution  of  congress 
to  the  contrary,)  to  more  than  three  hundred  millions  ;  and  the 
idea  of  redeeming  the  bills  at  their  nominal  value,  was  at  length 
abandoned.  In  March,  1 730,  the  states  were  required  to  bring  them 
in  at  forty  for  one.  The  bills  when  brought  in  were  to  be  can 
celled,  and  new  ones  to  issue  in  lieu  of  them,  not  exceeding  one 
twentieth  part  of  their  nominal  amount.  The  new  bills  were  to 
be  redeemable  in  six  years,  to  bear  an  interest  of  five  per  cent., 
to  be  issued  on  the  credit  of  the  individual  states,  and  their  pay 
ment  guarantied  by  the  United  States. 

The  new  system  of  finance  was  equally  unavailing.  The  old 
bills  were  not  brought  in,  and  of  course  few  new  ones  issued.  The 
general  treasury  was  empty,  the  army  without  pay  or  clothing, 
and  often  without  provisions.  The  states  were  called  upon  for 
supplies  in  specific  articles.  To  keep  the  army  together,  con 
gress  were  obliged  to  raise  money,  by  drawing  bills  on  their 
ministers  in  Europe,  without  any  assurance  of  their  payment. 

The  continental  bills,  at  last,  became  of  so  little  value,  that 
they  ceased  to  circulate  ;  and  in  the  course  of  the  year  1780,  qui 
etly  died  in  the  hands  of  the  possessors. 

In  addition  to  this,  the  campaign  of  1780,  was  unfortunate  for 
America.  The  cities  of  Charleston  and  Savannah  were  taken, 
and  the  states  of  South  Carolina  and  Georgia,  were  in  possession 
of  the  enemy.  In  this  situation,  congress  had  no  other  means  of 
providing  for  the  next  campaign,  but  foreign  loans.  To  obtain 
these,  they,  on  the  22d  of  November,  addressed  a  letter  to  their 

*  Journals  of  Congress,  vol.  5,  pp.  262,  266, 


158  POLITICAL  AND  CIVIL  HISTORY 

ally  the  king  of  France,  stating  their  embarrassments,  and  de 
claring  that  a  foreign  loan  of,  at  least,  twenty-five  millions  of 
livres,  was  indispensably  necessary,  for  a  vigorous  prosecution  of 
the  war.*  Dr.  Franklin  was  specially  instructed,  "  to  employ  hi^ 
unremitted  and  utmost  abilities,1'  to  procure  the  aids  required. 
At  no  time  since  the  campaign  of  1776,  had  the  affairs  of  the  Uni 
ted  States  worn  so  gloomy  an  aspect,  as  at  the  close  of  this  year. 
General  Washington,  in  a  circular  letter  to  the  governors  of  the 
states,  in  October,  says,  "  our  finances  are  in  an  alarming  state  of 
derangement.  The  public  credit  is  almost  arrived  at  its  last 
stage.  The  people  begin  to  be  dissatisfied  with  the  feeble  mode 
of  conducting  the  war,  and  with  the  ineffectual  burdens  imposed 
on  them,  which,  though  light  in  comparison  with  what  other  na 
tions  feel,  are  from  their  novelty  heavy  to  them.  They  lose  their 
confidence  in  government  apace."t 

The  absolute  necessity  of  obtaining  foreign  loans,  induced 
congress,  in  December,  1780,  to  send  a  special  minister  to 
France.  Col.  John  Laurens,  one  of  the  aids  of  general  Wash 
ington,  and  son  of  Henry  Laurens,  then  a  prisoner  in  the  tower 
of  London,  was  selected  for  this  important  mission. 

He  repaired  to  Paris,  in  the  winter  of  1781.  Before  his  arrival, 
in  consequence  of  the  letter  of  congress  and  the  solicitations  of 
Dr.  Franklin,  promises  of  assistance  had  been  made  by  the 
French  court.  The  delay,  however,  in  fulfilling  these  promises, 
ill  accorded  with  the  high  and  ardent  feelings  of  the  young  Amer 
ican  envoy.  Knowing  the  pressing  wants  of  his  country,  and 
the  necessity  of  immediate  aid,  if  afforded  at  all,  after  a  delay  of 
more  than  two  months,  he  determined  at  the  next  levee  day,  to 
present  in  person,  a  memorial  to  the  king,  though  directly  con 
trary  to  the  forms  of  court. 

In  conversation  with  Vergennes,  on  the  morning  of  the  day, 
on  which  he  intended  to  present  his  memorial  to  the  king,  he  ex 
postulated  with  him,  on  delaying  the  promised  aid,  in  such 
warm  and  bold  language,  that  the  minister  replied.  "  Col.  Lau~ 

"f  Note  15.        t  Governor  TrumbuH's  Papers. 


OF  THE  UNITED  STATES.  159 

rens,  you  are  so  recently  from  the  head  quarters  of  the  American 
army,  that  you  forget  you  are  no  longer  delivering  the  orders  of 
the  commander  in  chief,  but  addressing  the  minister  of  a  mon 
arch,  who  has  every  disposition  to  favor  your  country."  "  Favor, 
Sir  !"  rejoined  Laurens,  "  the  respect  which  I  owe  my  country 
will  not  admit  the  term — say  the  object  of  my  mission  is  of  mutu 
al  interest  to  our  respective  nations,  and  I  subscribe  the  obliga 
tions  ;  but  as  the  most  conclusive  argument  I  can  address  to  your 
excellency,  the  sword  which  I  now  carry,  in  defense  of  France,  as 
well  as  of  my  own  country,  unless  the  succor  I  solicit  is  speedily 
accorded,  I  may  be  compelled  to  draw  against  France,  as  a  Brit 
ish  subject." 

He  presented  his  memorial  to  the  king,  on  the  same  day.  It 
was  graciously  received,  and  no  doubt,  was  the  means  of  hasten 
ing  the  promised  succors.* 

The  king  gave  the  United  States,  by  way  of  subsidy,  six  mil 
lions  of  livres,  and  furnished  a  further  sum,  by  way  of  loan. 

Applications  for  loans  in  Holland  had  hitherto  been  unsuccess 
ful.  The  Hollanders  either  distrusted  the  security,  or  were  un 
willing  to  incur  the  resentment  of  Great  Britain,  by  lending  the 
Americans  money,  to  enable  them  to  carry  on  the  war. 

His  most  Christian  majesty  had,  through  his  minister  at  the 
Hague,  oifered  his  assistance  to  the  Americans  in  procuring  loans 
in  that  country,  but  without  effect.  The  king  of  France  now- 
engaged  to  become  himself  accountable  for  the  sums  which 
might  be  furnished.  In  consequence  of  this,  and  the  exertions  of 
Mr.  Adams,  a  loan  of  ten  millions  of  livres  was  obtained  in  Hol 
land.  The  demands  upon  the  French  treasury  from  Amer 
ica,  induced  Vergennes  to  inform  congress,  that  they  must  not 
expect  future  pecuniary  aid  from  France.  In  a  letter  of  the  1 1th 
of  May,  1781 ,  he  said,  he  thought  it  his  duty  "  freely  and  openly 
to  declare,  that  the  moment  is  come,  not  to  spend  the  time  in 
expectation,  deliberation  and  useless  exhortations  :  that  though 
he  would  wish  to  avoid  every  disagreeable  intimation,  friendship 

*  See  an  account  of  this  transaction  given  by  Major  Jackson,  secretaiy  to  Laurens, 
in  No.  2,  of  the  American  Quarterly  Review,  p.  426, 


160  POLITICAL  AND  CIVIL  HISTORY 

and  common  interest  obliged  France  to  speak  without  reserve 
and  with  perfect  sincerity  :  that  the  king  has  done,  on  this  occa 
sion,  what  he  can  do  no  more :  that  congress,  if  well  informed 
of  the  situation  of  his  majesty's  affairs,  would  be  sensible  that 
an  exertion  like  the  present  cannot  be  repeated ;  and  that  the 
court  would  feel  the  deepest  concern,  if  it  was  under  the  disa 
greeable  but  indispensable  necessity  of  refusing  the  demands  of 
an  ally  whose  case  is  now  become  his  own.11* 

While  congress  were  soliciting  foreign  aid,  they  felt  the  neces 
sity  of  a  more  complete  and  efficient  arrangement  of  their  civil 
departments  at  home.  In  January,  1781,  they  established  an 
office  for  the  department  of  foreign  affairs,  at  the  head  of 
which  was  placed  a  person  to  be  styled,  "  secretary  of  foreign  af 
fairs."  In  February  following,  they  also  determined  to  appoint  a 
superintendant  of  finance,  and  secretaries  of  war  and  marine. 
The  office  of  superintendant  of  finance  was  at  that  time,  partic 
ularly  necessary.  This  officer  was  directed  to  examine  into  the 
public  debts,  the  public  expenditures  and  the  public  revenue — to 
digest  and  report  plans  for  improving  and  regulating  the  finan 
ces,  and  for  establishing  order  and  economy  in  the  expenditures 
of  the  public  money — to  direct  the  execution  of  all  plans,  which 
should  be  adopted  by  congress  respecting  revenue  and  expendi 
tures — to  superintend  and  control  the  settlement  of  all  public  ac 
counts — to  direct  and  control  all  persons  employed  in  procuring 
supplies  for  the  public  service,  and  in  the  expenditures  of  public 
money — to  obtain  accounts  of  all  the  specific  supplies  furnished 
be  the  several  states — to  compel  the  payment  of  all  monies  due 
to  the  United  States,  and  in  his  official  character,  or  in  such 
manner  as  the  laws  of  the  states  might  direct,  to  prosecute,  in 
behalf  of  the  United  States,  for  all  delinquencies  repecting  the 
public  revenue  and  expenditures.  Robert  Morriss,  an  eminent 
merchant  of  Philadelphia,  was  soon  after  appointed  to  this  im 
portant  office,  and  in  the  course  of  the  year,  Robert  R.  Livingston 
was  made  secretary  of  foreign  affairs,  and  Benjamin  Lincoln  sec 
retary  of  war.  To  aid  the  finanical  operations  of  the  country, 

*  Secret  Journals  of  Congress,  vol.  3,  p.  37. 


OF  THE  UNITED  STATES.  \Q\ 

Mr.  Morriss,  in  May,  submitted  to  congress  a  plan  for  a  national 
bank,  with  a  capital  of  400,000  dollars.  It  was  approved  by 
congress,  and  they  engaged  that  the  subscribers  should  be  in 
corporated  by  the  name  of  "  the  president  and  directors  of  the 
bank  of  North  America,"  as  soon  as  the  subscription  should  be 
filled.  They,  at  the  same  time,  made  the  bills  of  the  bank  re 
ceivable  in  payment  of  all  taxes,  duties  and  debts  due  the  United 
States ;  and  recommended  to  the  individual  states  to  punish 
those  who  should  counterfeit  the  bills,  and  to  provide  that  no 
other  bank  should  be  established  during  the  war.  In  December, 
1781,  this  bank,  being  the  first  in  the  United  States,  was  incor 
porated,  and  went  into  successful  operation.  A  considerable 
part  of  the  money  obtained  in  France,  by  Mr.  Laurens,  was 
brought  into  the  United  States  in  specie ;  and  by  these  timely 
aids,  and  the  united  efforts  of  the  allies,  the  military  operations 
in  America  were  brought  to  a  close,  in  October  of  this  year,  by 
the  capture  of  the  British  army  at  Yorktown. 

The  deranged  situation  of  the  American  finances,  added  to  the 
innumerable  calamities  necessarily  incident  to  a  state  of  war, 
produced  unparalleled  distress  among  all  classes  of  citizens,  but 
particularly  those  belonging  to  the  army.  The  soldiers  were  not 
only  paid  in  paper,  worth  little  or  nothing,  but  were  often 
left  entirely  destitute  of  necessary  clothing  and  provisions ;  and 
nothing  but  their  unexampled  patience  and  patriotism,  with  the 
influence  of  their  beloved  commander,  could  have  so  long  kept 
them  together. 

A  particular  narrative  of  their  sufferings,  does  not  fall  within 
our  prescribed  limits.  Yet  it  ought  never  to  be  forgotten,  that  while 
general  Howe  and  his  army,  in  the  winter  of  1778,  were  enjoying 
ease  and  plenty,  in  the  elegant  and  comfortable  mansions  of  Phil 
adelphia,  general  Washington  and  his  troops,  took  up  their  win 
ter  quarters  in  a  neighboring  forest,  in  temporary  log  huts,  built 
by  themselves  ;  the  men  half  naked,  and  often  without  provisions. 
That  their  march  to  this  place  of  cantonment  could  be  traced  by 
the  blood  from  their  naked  feet.  Their  hardships  and  their  pa 
tience  under  them,  are  thus  described  by  general  Washington, 

VOL.  II.  21 


162  POLITICAL  AND  CIVIL  HISTORY 

in  one  of  his  letters  written  at  the  time : — "Without  arrogance,  or 
the  smallest  deviation  from  truth,  it  may  be  said,  that  no  history 
now  extant,  can  furnish  an  instance  of  an  army's  suffering  such 
uncommon  hardships,  as  ours  has  done,  and  bearing  them  with 
the  same  patience  and  fortitude.  To  see  men  without  clothes  to 
cover  their  nakedness,  without  blankets  to  lie  on,  without  shoes 
(so  that  their  marches  might  be  traced  by  the  blood  of  their  feet) 
and  almost  as  often  without  provisions  as  with,  marching  through 
frost  and  snow,  and  at  Christmas,  taking  up  their  winter  quarters, 
without  a  house  or  hut  to  cover  them  till  they  could  be  built,  and 
submitting  to  it,  without  a  murmur,  is  a  mark  of  patience  and 
obedience,  which  can  scarcely  be  paralleled."* 

In  consequence  of  the  deranged  state  of  the  quarter  master's 
and  commissary's  departments,  the  commander  in  chief  was  com 
pelled  to  procure  provisions  by  military  impressments ;  and  this 
desperate  resource  sometimes  failed,  and  he  was  obliged  to  make 
earnest  calls  upon  the  governors  of  the  states.  In  a  letter  to  gov 
ernor  Clinton  of  New  York,  in  the  winter  of  1778,  he  says, "  It  is 
with  great  reluctance,  I  trouble  you  upon  a  subject  which  does 
not  fall  within  your  province;  but  it  is  a  subject  which  occasions 
me  more  distress  than  I  have  felt  since  the  commencement  of  the 
war,  and  which  loudly  demands  the  most  zealous  exertions  of  ev 
ery  man  of  weight  and  authority,  who  is  interested  in  the  success 
of  our  affairs — I  mean  the  present  dreadful  situation  of  the  army 
for  want  of  provisions,  and  the  miserable  prospect  for  the  future. 
It  is  more  alarming  than  you  will  probably  conceive,  for  to  form 
a  just  idea,  it  were  necessary  to  be  on  the  spot.  For  some  days 
past,  there  has  been  little  less  than  a  famine  in  camp  ;  a  part  of 
the  army  has  been  a  week  without  any  kind  of  flesh,  and  the  rest 
three  or  four  days.  Naked  and  starving  as  they  are,  we  cannot 
enough  admire  the  incomparable  patience  and  fidelity  of  the  sol 
diery,  that  they  have  not  been,  ere  this  time,  excited  by  their  suf 
ferings,  to  a  mutiny  and  dispersion.  Strong  symptoms,  however, 
of  discontent  have  appeared  in  particular  instances,  and  nothing 
can  long  avert  so  shocking  a  catastrophe." 

*  Gordon,  vol.  2,  p.  311. 


OF  THE  UNITED  STATES.  163 

On  the  first  of  February,  1778,  nearly  four  thousand  men  were 
returned  as  unfit  for  duty,  for  want  of  clothes  ;  and  of  this  num 
ber,  scarcely  a  man  had  a  pair  of  shoes.* 

In  consequence  of  the  failure  of  the  states  to  comply  with  the 
requisitions  of  congress,  and  other  causes,  the  distresses  of  the 
American  army,  for  want  of  clothing  and  provisions,  in  the  subse 
quent  years  of  the  war,  were  also  at  times  extreme.  No  one  more 
keenly  felt,  or  more  deeply  lamented  this,  or  made  greater  exer 
tions  to  prevent  it,  than  the  commander  in  chief.  The  condi 
tion  of  the  troops  at  Morristown,  in  New  Jersey,  in  January, 
1780,  is  thus  depicted  in  his  letter  to  the  governor  of  Connecti 
cut  :  "The  army  have  been  near  three  months  on  a  short  allow 
ance  of  bread  ;  within  a  fortnight  past  almost  perishing.  They 
have  been  sometimes  without  bread,  sometimes  without  meat, 
and  oftener  without  both.  They  have  borne  this  distress,  in 
which  the  officers  have  shared  a  common  lot  with  the  men,  with 
as  much  fortitude  as  human  nature  is  capable  of;  but  they  have 
been  at  last,  brought  to  such  a  dreadful  extremity,  that  no  au 
thority  or  influence  of  the  officers,  no  virtue  or  patience  in  the 
men  themselves,  could  any  longer  restrain  them  from  obeying  the 
dictates  of  their  feelings.  The  soldiers,  have,  in  several  instan 
ces,  plundered  the  neighboring  inhabitants  even  of  their  necessa 
ry  subsistence.  Without  an  immediate  remedy,  this  evil  will  soon 
become  intolerable,  and  unhappily  for  us,  we  have  no  prospect  of 
relief  through  the  ordinary  channels.  We  are  reduced  to  this  al 
ternative,  either  to  let  the  army  disband,  or  to  call  upon  the  coun 
ties  of  this  state  to  furnish  a  proportion  of  cattle  and  grain  for  the 
supply  of  our  wants.  If  the  magistrates  refuse  their  aid,  we  shall 
be  obliged  to  have  recourse  to  a  military  impress."! 

At  the  close  of  the  year  1780,  the  patience  of  the  army,  par 
ticularly  that  part  composed  of  the  Pennsylvania  line,  was  ex 
hausted.  In  addition  to  their  distresses,  in  common  with  the  rest 
of  the  army,  some  difficulties  arose  in  the  line  of  that  state,  as  to 
the  terms  of  their  enlistment.  On  the  first  of  January,  1781, 

*  Marshall's  Life  of  Washington,  vol.  3,  pp.  363,  369,  and  375. 
t  Governor  TrurobuH'p  papers, 


164  POLITICAL  AND  CIVIL  HISTORY 

about  thirteen  hundred  revolted  and  marched  to  Princeton.  The 
commander  in  chief,  and  the  other  officers,  endeavored  to  induce 
them  to  return  to  their  duty,  but  without  success.  The  soldiers 
said,  "  We  neither  can  nor  will  be  any  longer  amused.  We  are 
determined,  at  every  hazard,  to  march  in  a  body  to  congress  and 
obtain  redress."  Some  lives  were  lost,  in  attempting  to  prevent 
this  revolt ;  and  when  general  Wayne,  to  whom  the  soldiers  were 
much  attached,  presented  his  pistol  to  their  breasts,  they  turned 
their  bayonets,  and  told  him  if  he  fired  he  was  a  dead  man  ;  they 
at  the  same  time  added,  "We  love  you,  we  respect  you ;  do  not 
mistake  us ;  we  are  not  going  to  the  enemy ;  on  the  contrary, 
were  they  now  to  come  out,  you  would  see  us  fight  under  your 
orders,  with  as  much  resolution  and  alacrity  as  ever.1'* 

As  soon  as  the  British  commander  heard  of  this  revolt,  he  se 
cretly  sent  messengers,  offering  them  the  following  terms, "  to 
be  taken  under  the  protection  of  the  British  government,  to  have 
a  free  pardon  for  all  past  offenses,  to  have  the  pay  due  to  them 
from  congress  faithfully  paid,  without  any  expectation  of  military 
service  (except  it  might  be  voluntary)  upon  condition  of  laying 
down  their  arms,  and  returning  to  their  allegiance."! 

These  offers  were  indignantly  rejected,  and  two  of  the  messen 
gers  delivered  up  to  general  Wayne  as  spies,  and  afterwards 
executed  as  such.  Committees  from  congress,  and  from  the  as 
sembly  of  Pennsylvania,  met  the  insurgents  at  Trenton,  and  a 
compromise  was  effected,  a  part  discharged,  and  the  rest  return 
ed  to  their  duty. 

Congress,  as  well  as  the  commander  in  chief,  had  serious  ap 
prehensions,  that  the  revolt  of  the  Pennsylvania  line,  would  extend 
to  every  part  of  the  army.  A  messenger  was  despatched  to  the 
New  England  states,  urging  immediate  relief  to  the  troops  of 
their  respective  lines.  "  It  is  in  vain,"  says  general  Washington, 
in  his  letter  by  this  messenger,  "  to  think  an  army  can  be  kept 
together  much  longer,  under  such  a  variety  of  sufferings  as  ours 
have  experienced ;  and  unless  some  immediate  and  speedy  meas 
ures  are  adopted  to  furnish,  at  least,  three  months  pay  to  the 
*  Gordon,  vol.  3,  p.  151.  t  New  Annual  Register  for  1780. 


OF  THE  UNITED  STATES.  165 

troops  in  money,  which  will  be  of  some  value  to  them,  and  at 
the  same  time,  ways  and  means  are  devised  to  clothe  and  feed 
them  better  (more  regularly  I  mean)  the  worst  that  can  befall  us 
may  be  expected." 

The  Americans  experienced  calamities  and  sufferings  peculiar 
to  this  war.  Thousands  were  greatly  injured  and  many  ruined 
by  placing  confidence  in  the  paper  issued  by  congress. 

The  mode  of  warfare  practised  by  the  enemy,  a  mode  unpre 
cedented  among  civilized  nations,  also  brought  distress  and  ruin, 
upon  almost  every  class  of  American  citizens.  Hundreds  of 
dwelling  houses,  with  all  their  furniture,  were  burned  and  destroy 
ed  in  the  most  wanton  manner.  This  was  not  confined  to  solitary 
instances,  where  the  individual  owner  was  particularly  obnoxious, 
but  whole  towns  and  villages,  inhabited  by  peaceful  and  unof 
fending  citizens,  were  reduced  to  ashes. 

In  June,  1775,  three  hundred  and  eighty  dwelling  houses,  and 
other  buildings,  were  burnt  at  Charlestown,  in  Massachusetts. 
These  were  valued  by  a  committee  appointed  for  that  purpose,  at 
£159,960,  18,  8,  lawful  money,  and  2000  persons  were  thereby 
reduced  to  poverty. 

The  value  of  houses  and  other  buildings,  including  furniture, 
thus  destroyed  in  Connecticut,  was  estimated  at  more  than  six 
hundred  and  thirty  three  thousand  dollars,  in  addition  to  goods 
and  merchandize,  to  the  amount  of  nearly  four  hundred  thousand 
dollars  more. 

The  distresses  and  discontents  in  the  army  were  not  confined 
to  the  soldiers,  but  extended  to  the  officers.  Without  pay,  and 
often  without  comfortable  subsistence,  and  sometimes  entirely 
destitute,  many  of  the  officers,  resigned  their  commissions,  and 
others  threatened  to  follow  their  example,  unless  assured  of  more 
adequate  provision  for  their  future  support. 

This  gave  no  little  alarm  to  the  commander  in  chief;  and  to 
secure  the  services  of  the  officers  who  remained,  then  so  import 
ant  to  the  country,  he,  in  January,  1778,  earnestly  recommended 
a  half  pay  establishment.  In  urging  the  propriety  and  necessity 


166  POLITICAL  AND  CIVIL  HISTORY 

of  this  measure  to  the  consideration  of  the  national  legislature, 
he,  among  other  things,  said,  "  a  small  knowledge  of  human  na 
ture  will  convince  us,  that  with  far  the  greatest  part  of  mankind, 
interest  is  the  governing  principle ;  and  that,  almost  every  man 
is  more  or  less  under  its  influence.  Motives  of  public  virtue  may 
for  a  time,  or  in  particular  instances,  actuate  men  to  the  observ 
ance  of  a  conduct  purely  disinterested  ;  but  they  are  not  of  them 
selves  sufficient  to  produce  a  persevering  conformity  to  the  refin 
ed  dictates  and  obligations  of  social  duty. 

"  Few  men  are  capable  of  making  a  continual  sacrifice  of  all 
views  of  private  interest  or  advantage,  to  common  good.  It  is 
in  vain  to  exclaim  against  the  depravity  of  human  nature  on  this 
account — the  fact  is  so,  the  experience  of  every  age  and  nation 
has  proved  it ;  and  we  must,  in  a  great  measure,  change  the  con 
stitution  of  man,  before  we  can  make  it  otherwise.  No  institu 
tion,  not  built  on  the  presumptive  truth  of  these  'maxims,  can 
succeed. 

"  We  find  them  exemplified  in  the  American  officers,  as  well 
as  in  all  other  men.  At  the  commencement  of  the  dispute,  in  the 
first  effusion  of  their  zeal,  and  looking  upon  the  service  to  be  only 
temporary,  they  entered  into  it,  without  paying  any  regard  to  pe 
cuniary  or  selfish  considerations.  But  finding  its  duration  to  be 
much  longer  than  they  at  first  suspected,  and  that  instead  of  de 
riving  any  advantage  from  the  hardships  and  dangers  to  which 
they  were  exposed,  they,  on  the  contrary,  were  losers,  by  their 
patriotism,  and  fell  far  short  even  of  a  competency  to  supply 
their  wants,  they  have  gradually  abated  in  their  ardor  ;  and  with 
many,  an  entire  disinclination  to  the  service,  under  its  present 
circumstances,  has  taken  place.  To  this,  in  an  eminent  degree, 
must  be  ascribed  the  frequent  resignations  daily  happening,  and 
the  more  frequent  importunities  for  permission  to  resign,  and 
from  some  officers  of  the  greatest  merit.  To  this  also  may  be 
ascribed  the  apathy,  inattention  and  neglect  of  duty,  which  per 
vade  all  ranks,  and  which  will  necessarily  continue  and  increase, 
while  an  officer,  instead  of  gaining  any  thing,  is  impoverished  by 
his  commission  ;  and  considers  he  is  conferring,  not  receiving  a 


OF  THE  UNITED  STATES.  167 

favor  by  holding  it.  There  can  be  no  sufficient  tie  upon  men 
possessing  such  sentiments.  Nor  can  any  method  be  adopted  to 
oblige  those,  to  a  punctual  discharge  of  duty,  who  are  indifferent 
about  their  continuance  in  the  service,  and  are  often  seeking  a 
pretext  to  discharge  themselves  from  it.  Punishment  in  this  case 
will  be  unavailing ;  but  when  an  officer's  commission  is  made  val 
uable  to  him,  and  he  fears  to  lose  it,  you  may  then  exact  obedi 
ence  from  him.  It  is  not  indeed  consistent  with  reason,  or  jus 
tice,  to  expect,  that  one  set  of  men  should  make  a  sacrifice  of 
property,  domestic  ease  and  happiness — encounter  the  rigors  of 
the  field — the  perils  aud  vicissitudes  of  war,  to  obtain  those  bles 
sings,  which  every  citizen  will  enjoy,  in  common  with  them,  with 
out  some  adequate  compensation.  It  must  also  be  a  comfort 
less  reflection  to  any  man,  that  after  he  may  have  contributed  to 
securing  the  rights  of  his  country,  at  the  risk  of  his  life,  and  the 
ruin  of  his  fortune,  there  would  be  no  provision  made  to  prevent 
himself  and  family  from  sinking  into  indigence  and  wretchedness, 
Besides  adopting  some  method  to  make  the  provision  for  offi 
cers,  equal  to  their  present  exigencies,  a  due  regard  should  be 
paid  to  futurity.  Nothing,  in  my  opinion,  could  serve  more  pow 
erfully  to  reanimate  their  languishing  zeal,  and  interest  them  thor 
oughly  in  the  service,  than  a  half  pay  establishment.  This 
would  not  only  dispel  the  apprehension  of  personal  distress,  at 
the  termination  of  the  war,  from  having  thrown  themselves  out  of 
professions  and  employments,  they  might  not  have  it  in  their 
power  to  resume  ;  but  would  in  a  great  degree,  relieve  the  pain 
ful  anticipation  of  leaving  their  widows  and  orphans  a  burden  on 
the  charity  of  their  country,  should  it  be  their  lot  to  fall  in  its  de 
fense." 

In  consequence  of  this  representation,  congress,  in  May  follow 
ing,  unanimously  granted  to  all  officers  commissioned  by  them, 
who  should  continue  in  service  during  the  war,  half-pay  for  seven 
years ;  and  soon  after  extended  it  to  the  widows  or  orphans  of 
such,  as  had,  or  should  die  in  the  service. 

In  the  latter  part  of  the  year  1780,  a  new  arrangement  of  the 
army,  by  a  reduction  of  the  number  of  regiments  was  deemed  ne- 


168  POLITICAL  AND  CIVIL  HISTORY 

cessary  ;  and  congress  declared,  that  the  officers  who  might  be 
reduced,  should  still  be  entitled  to  the  seven  years  half-pay.  The 
commander  in  chief  was,  of  course  consulted  on  the  subject  of 
the  new  arrangement.  Satisfied  that  it  would  be  difficult,  if  not 
impossible  to  retain  the  best  officers,  without  a  more  adequate 
provision  for  them  at  the  close  of  the  war,  general  Washington 
again  pressed  upon  congress,  the  necessity  of  securing  to  them 
half-pay  for  life.  "  In  reasoning  upon  the  measure  of  a  future 
provision,"  says  the  general,  "  I  have  heard  gentlemen  object,  the 
want  of  it  in  some  foreign  armies,  without  adverting  to  the  differ 
ence  of  circumstances.  The  military  state  holds  the  first  rank  in 
most  of  the  countries  of  Europe,  and  is  the  road  to  honor  and 
emolument.  The  establishment  is  permanent,  and  whatever  be 
an  officers  provision,  it  is  for  life — and  he  has  a  profession  for 
life.  He  has  future,  as  well  as  present  motives  of  military  honor 
and  preferment ;  he  is  attached  to  the  service,  by  the  spirit  of  gov 
ernment,  by  education,  and  in  most  cases,  by  early  habit ;  his 
present  condition,  though  not  splendid,  is  comfortable ;  pensions 
and  distinctions  and  particular  privileges,  are  commonly  his  re 
ward  in  retirement.  In  the  case  of  the  American  officers,  the 
military  character  has  been  suddenly  taken  up,  and  is  to  end  with 
the  war." 

Convinced  of  the  propriety  as  well  as  the  necessity  of  the  meas 
ure,  congress,  in  October,  1780,  complied  with  the  wishes  of  the 
general,  and  half-pay  for  life  was  granted  to  all  the  officers, 
including  those  who  might  be  reduced.  This  was  satisfactory, 
and  the  new  arrangement  of  the  army  was  effected  without  diffi 
culty.  This  grant,  however,  was  extremely  unpopular  in  some 
of  the  states  ;  and  at  the  close  of  the  year  1782,  it  was  reported, 
that  congress  did  not  intend  to  comply  with  their  engagement. 

This  created  no  little  alarm  in  the  army  ;  and  there  was  too 
much  reason  to  fear,  that  a  majority  of  the  national  legislature 
might  be  disposed  to  refer  the  officers  to  their  respective  states, 
for  a  fulfilment  of  this  engagement.  In  December  of  that  year, 
therefore,  the  officers  presented  a  memorial  to  congress,  not  only 
on  the  subject  of  the  half-pay,  but  of  the  arrearages  of  pay  still 
-due  to  them. 


OF  THE  UNITED  STATES.  1 69 

"  We  have  struggled,"  they  say  to  congress,  "  with  our  difficul 
ties  year  after  year,  under  the  hopes  that  each  would  be  the  last, 
but  we  have  been  disappointed.  We  find  our  embarrassments 
thicken  so  fast,  and  have  become  so  complex,  that  many  of  us 
are  unable  to  go  further.  We  complain  that  shadows  have  been 
offered  to  us,  while  the  substance  has  been  gleaned  by  every  per 
son  bearing  the  mark  of  civil  authority  throughout  the  United 
States.  Our  situation  compels  us  to  search  for  the  cause  of  our 
extreme  poverty.  The  citizens  murmur  at  the  greatness  of  their 
taxes,  and  are  astonished  that  no  part  reaches  the  army.  The 
numerous  demands  which  are  between  the  first  collectors  and  the 
soldiers  swallow  up  the  whole.  Our  distresses  are  now  brought 
to  a  point.  We  have  borne  all  that  we  can  bear — our  property 
is  expended — our  private  resources  are  at  an  end,  and  our  friends 
are  wearied  out  and  disgusted  with  our  constant  applications." 

With  respect  to  the  half-pay,  in  consequence  of  the  odious 
point  of  view,  in  which  it  was  considered  by  some  of  the  states, 
they  offered  to  commute  it  for  full  pay,  for  a  certain  number  of 
years,  or  for  a  sum  in  gross.  A  committee,  consisting  of  general 
McDougal,  Col.  Ogden,  and  Col.  Brooks,  was  appointed  to  pre 
sent  this  memorial.  It  was  proposed  in  congress,  to  allow  five 
years  full  pay,  in  lieu  of  the  half-pay ;  but  after  much  debate  and 
delay,  the  assent  of  nine  states,  (that  number  being  required  by 
the  articles  of  confederation,)  could  not  be  obtained  in  favor  of  it ; 
and  the  subject  was  postponed. 

Of  these  proceedings  on  their  memorial,  the  committee  made  a 
report  to  the  officers.  Conscious  of  the  merit  of  their  long  servi 
ces  and  sufferings,  as  well  as  of  the  justice  of  their  claims,  their 
minds  were  ill  prepared  to  brook  this  delay  ;  and  many  of 
them  were  disposed  to  construe  a  delaj  of  justice  into  a  de 
nial  of  it.  In  this  state  of  their  feelings,  on  the  10th  of 
March,  a  meeting  of  the  officers  was  called,  by  an  anonymous  no 
tification,  u  to  consider,  the  late  letter  of  our  representatives  in 
Philadelphia,  and  what  measures  (if  any)  should  be  adopted,  to 
obtain  that  redress  of  grievances,  which  they  seem  to  have  so 
licited  in  vain." 

VOL.  II.  22 


170  POLITICAL  AND  CIVIL  HISTORY 

This  was  accompanied,  by  an  address  from  one,  who  called 
himself  their  fellow  soldier,  calculated  by  its  peculiar  style  and 
manner,  to  inflame  their  passions,  by  bringing  to  their  recollec 
tion,  all  their  toils  and  all  their  sufferings ;  to  induce  a  belief,  in 
the  injustice  and  ingratitude  of  their  country,  and  to  drive  them 
to  the  last  extremity,  in  order  to  obtain  redress.  The  author  told 
them,  that  he  had  shared  in  their  toils  and  mingled  in  their  dan 
gers,  that  he  had  felt  the  cold  hand  of  poverty,  without  a  mur 
mur,  and  had  seen  the  insolence  of  wealth,  without  a  sigh  ;  and 
that  till  lately,  very  lately,  he  had  believed  in  the  justice  of  his 
country." 

"  After  a  pursuit  of  seven  long  years,"  he  said,  u  the  object  for 
which  we  set  out,  is  at  length  brought  within  our  reach.     Yes, 
my  friends,  that  suffering  courage  of  your's  was  active  once — it  has 
conducted  the  United  States  of  America,  through  a  doubtful  and 
a  bloody  war.     It  has  placed  her  in  the  chair  of  independency, 
and  peace  returns  again  to  bless — whom  ?     A  country  willing  to 
redress  your  wrongs,  cherish  your  worth,  and  reward  your  services, 
a  country  courting  your  return  to  private  life,  with  tears  of  grati 
tude  and  smiles  of  admiration,  longing  to  divide  with  you  that 
independency,  which  your  gallantry  has  given,  and  those  riches, 
which  your  wounds  have  preserved  ?     Is  this  the  case  ?  or  is  it 
rather  a  country,  that  tramples  on  your  rights,  disdains  your  cries, 
and  insults  your  distresses  ?     Have  you  not  more  than  once  sug 
gested  your  wishes,  and  made  known  your  wants  to  congress  ? 
Wants  and  wishes,  which  gratitude  and  policy  should  have  anti 
cipated,  rather  than  evaded.     And  have  you  not  lately,  in  the 
meek  language  of  entreating  memorials,  begged  from  their  jus 
tice,  what  you  could  no  longer  expect  from  their  favor  ?     How 
have  you  been  answered  ?     Let  the  letter,  which  you  are  cal 
led  to  consider  to-morrow  make  reply.     If  this,  then,  be  your 
treatment,  while  the  swords  you  wear  are  necessary  for  the  de 
fense  of  America,  what  have  you  to  expect  from  peace,  when 
your  voice  shall  sink,  and  your  strength  is  dissipated  by  divisions? 
When  those  very  swords,  the  instruments    and  companions  of 
your  glory,  shall  be  taken  from  your  sides,  and  no  remaining  mark 
of  military  distinction  left,  but  your  wants,  infirmities,  and  scars  ? 


OF  THE  UNITED  STATES.  171 

Can  you  then  consent  to  be  the  only  sufferers  by  this  revolution, 
and  retiring  from  the  field,  grow  old  in  poverty,  wretchedness, 
asd  contempt  ?  Can  you  consent  to  wade  through  the  vile  mire 
of  dependency,  and  owe  the  miserable  remnant  of  that  life  to  char 
ity,  which  has  hitherto  been  spent  in  honor  !  If  you  can,  go,  and 
carry  with  you,  the  jest  of  tories  and  the  scorn  of  whigs,  the  ridi 
cule,  and  what  is  worse,  the  pity  of  the  world.  Go  starve  and  be 
forgotten !" 

He  advises  them  to  change  the  milk  and  water  style  of  their 
last  memorial,  to  carry  their  appeal  from  the  justice  to  the  fears  of 
government ;  and  to  suspect  the  man,  who  should  advise  to  more 
moderation  and  longer  forbearance.* 

It  required  all  the  firmness  and  influence  of  general  Washing 
ton,  to  allay  the  ferment  created  by  the  proceedings  of  congress, 
and  this  inflammatory  address. 

He  immediately  issued  an  order  requiring  a  meeting  of  the  offi 
cers,  and  expressing  his  disapprobation  of  any  irregular  meeting, 
in  consequence  of  an  anonymous  notification. 

In  the  mean  time,  the  influence  of  the  general  was  exerted,  in 
private  conversation  with  individual  officers,  to  induce  them  to 
proceed  with  becoming  moderation,  and  in  a  manner  consis 
tent  with  their  high  character  and  honor. 

A  meeting  was  held,  agreeably  to  the  order  of  general  Wash 
ington,  and  was  opened  by  an  address  from  him,  in  which,  allu 
ding  to  the  anonymous  publication,  he  gave  the  author  much 
more  credit  for  the  goodness  of  his  pen,  than  the  rectitude  of  his 
heart.  After  stating  the  great  difficulties  congress  had  to  en 
counter  in  procuring  funds  from  so  many  different  states,  declar 
ing  his  opinion,  that  complete  justice  would  be  done,  and  assur 
ing  them,  that  all  his  influence  should  be  exerted  in  their  behalf, 
he  thus  concludes :  "  While  I  give  you  these  assurances,  and 
pledge  myself,  in  the  most  unequivocal  manner,  to  exert  whatev 
er  ability  I  am  possessed  of,  in  your  favor,  let  me  entreat  you,  gen 
tlemen,  on  your  part,  not  to  take  any  measure,  which  reviewed 

*  No  doubt  now  remains,  that  general  James  Armstrong,  then  a  major,  was  tli« 
author  of  this  address. 


]  72  POLITICAL  AND  CIVIL  HISTORY 

in  the  calm  light  of  reason,  will  lessen  the  dignity  and  sully  the 
glory  you  have  hitherto  maintained.  Let  me  request  you  to  rely 
on  the  plighted  faith  of  your  country,  and  place  full  confidence  in 
the  purity  of  the  intentions  of  congress,  that  previous  to  your  dis 
solution  as  an  army,  they  will  cause  all  your  accounts  to  be  fairly 
liquidated,  as  directed  in  the  resolutions  which  were  published  to 
you  two  days  ago ;  and  that  they  will  adopt  the  most  effectual 
measures  in  their  power,  to  render  ample  justice  to  you  for  your 
faithful  and  meritorious  services.  And  let  me  conjure  you  in  the 
name  of  our  common  country,  as  you  value  your  own  sacred  hon 
or,  as  you  respect  the  rights  of  humanity,  and  as  you  regard  the 
military  and  national  character  of  America,  to  express  your  ut 
most  horror  and  detestation  of  the  man,  who  wishes,  under  any 
specious  pretences,  to  overturn  the  liberties  of  our  country ;  and 
who  wickedly  attempts  to  open  the  flood  gates  of  civil  discord, 
and  deluge  our  rising  empire  in  blood. 

"  By  thus  determining  and  acting,  you  will  pursue  the  plain  and 
direct  road  to  the  attainment  of  your  wishes  ;  you  will  defeat  the 
insidious  designs  of  our  enemies,  who  are  compelled  to  resort, 
from  open  force  to  secret  artifice.  You  will  give  one  more  dis 
tinguished  proof  of  unexampled  patriotism  and  patient  virtue,  ri 
sing  superior  to  the  pressure  of  the  most  complicated  sufferings ; 
and  you  will,  by  the  dignity  of  your  conduct  afford  occasion  for 
posterity  to  say,  when  speaking  of  the  glorious  example  you  have 
exhibited  to  mankind,  had  this  day  been  wanting,  the  world  had 
never  seen  the  last  stage  of  perfection,  to  which  human  nature  is 
capable  of  attaining." 

The  nature  of  this  appeal  was  not  to  be  resisted.  After  general 
Washington  retired,  the  officers  not  only  voted  him  their  thanks  for 
his  address,  but  unanimously  resolved,  that  as  they  engaged  in  the 
service  of  their  country  from  the  purest  love  and  attachment  to  the 
rights  and  liberties  of  human  nature,  no  circumstances  of  distress 
or  danger  should  induce  a  conduct  tending  to  sully  their  reputation 
and  honor,  acquired  at  the  price  of  their  blood,  and  eight  years 
faithful  service — that  they  still  had  unshaken  confidence  in  the  jus 
tice  of  congress  and  their  country ;  and  that  they  viewed  with  ab- 


OF  THE  UNITED  STATES,  173 

liorrence  and  rejected  with  disdain,  the  infamous  propositions  con 
tained  in  the  anonymous  address.  They  also  requested  the 
commander  in  chief,  to  entreat  congress  for  a  speedy  decision  on 
their  memorial ;  an  event,  they  said,  which,  in  the  alternative  of 
peace  or  war,  would  be  highly  satisfactory,  produce  immediate 
tranquillity  in  the  minds  of  the  army,  and  prevent  any  further 
machinations  of  designing  men,  to  sow  discord  between  the  civil 
and  military  powers  of  the  United  States. 

Thus  ended  an  affair,  which  did  indeed  threaten  discord  be 
tween  the  civil  and  military  powers.  And  had  the  commander  of 
this  victorious  but  suffering  army,  been  governed  by  that  love 
of  power  so  natural  to  man>  he  might  probably  have  triumphed 
over  the  civil  institutions  of  his  country. 

In  communicating  these  proceedings  of  the  officers  to  congress, 
on  the  18th  of  March,  general  Washington,  in  the  most  earnest 
manner,  urged  a  compliance  with  the  prayer  of  their  memorial. 
"  If,"  says  the  general,  "  besides  the  simple  payment  of  their  wa 
ges,  a  further  compensation  is  not  due  to  the  sufferings  and  sacri 
fices  of  the  officers,  then  I  have  been  mistaken  indeed ;  if  the 
whole  army  have  not  merited  whatever  a  grateful  country  can  be 
stow,  then  I  have  been  beguiled  by  prejudice,  and  built  opinion 
on  the  'basis  of  error.  If  this  country  should  not,  in  the  event, 
perform  every  thing  which  has  been  requested  in  the  late  memo 
rial  to  congress,  then  will  my  belief  become  vain,  and  the  hope, 
that  has  been  excited,  void  of  foundation. 

"  And,  if  (as  has  been  suggested,  for  the  purpose  of  inflaming 
their  passions)  the  officers  of  the  army  '  are  to  be  the  only  suf 
ferers  by  this  revolution ;  if  retiring  from  the  field,  they  are  to 
grow  old  in  poverty,  wretchedness  and  contempt ;  if  they  are  to 
wade  through  the  vile  mire  of  dependency,  and  owe  the  misera 
ble  remnant  of  that  life  to  charity,  which  has,  hitherto,  been  spent 
in  honor,'  then  I  have  learned  what  ingratitude  is,  then  shall  I 
have  realized  a  tale,  which  will  embitter  every  moment  of  my  fu 
ture  life." 

On  the  22d  of  March,  congress  granted  to  the  officers  five  years 
full  pay,  in  lieu  of  the  half  pay,  to  be  paid  in  money,  or  securi- 


174  POLITICAL  AND  CIVIL  HISTORY 

ties  on  interest,  provided  it  be  at  the  option  of  the  lines  of  the 
respective  states,  not  officers  individually,  to  accept  or  refuse  the 
same.  This  grant  was  accepted  by  the  officers  in  the  manner 
directed. 

The  news  of  peace  soon  after  arrived,  and  arrangements  for 
disbanding  the  army  were  made  ;  but  as  the  definitive  treaty  was 
not  completed,  those  who  were  engaged  during  the  war,  were 
dismissed  on  furlough. 

This  was  attended  with  some  difficulty  and  delay,  for  want  of 
funds,  even  to  pay  a  small  sum,  to  enable  the  soldiers  to  return 
to  their  homes  ;  and  it  was  not  until  about  the  middle  of  June, 
that  the  army  left  the  camp. 

General  Washington,  on  the  8th  of  June  addressed  a  circular 
letter  to  the  several  states,  giving  them  notice  of  his  intended 
resignation,  and  congratulating  them  on  the  happy  termination 
of  the  war,  and  on  the  numerous  advantages  and  blessings,  which, 
as  a  free  and  independent  nation,  they  had  now  a  right  to  ex 
pect.  Having  in  the  course  of  the  war  experienced,  and  at  times 
too  fatally  experienced  the  evils  arising  from  a  failure,  on  the  part 
of  the  states,  to  comply  with  the  requisitions  of  congress,  he  re 
minded  them,  that,  whether  these  advantages  and  blessings  would 
be  realized,  depended,  in  a  great  measure,  on  themselves,  on 
their  prompt  and  mutual  co-operation,  in  promoting  the  great 
interests  of  the  union.  He  considered  four  things  as  essentially 
/necessary,  to  the  existence  of  the  United  States,  as  an  indepen 
dent  power. 

\ .  An  indissoluble  union  of  the  states,  under  one  federal  head. 

2.  A  sacred  regard  to  justice. 

3.  The  adoption  of  a  proper  peace  establishment. 

4.  The  prevalence  of  that  pacific   and  friendly  disposition, 
among  the  people  of  the  United  States,  which  would  induce  them 
to  forget  their  local  prejudices  and  policies,  to  make  those  mutu 
al  concessions,  which  were  requisite  to  the  general  prosperity  ; 
and,  in  some  instances,  to  sacrifice  their  individual  advantages,  to 
the  interest  of  the  community. 


OF  THE  UNITED  STATES. 

The  importance  and  necessity  of  these,  he  enforced  with  all 
that  practical  good  sense,  and  sound  political  wisdom,  for  which 
he  was  so  eminently  distinguished.* 

On  the  news  of  the  signature  of  the  definitive  treaty,  congress, 
by  a  general  proclamation,  finally  discharged  the  army,  from  and 
after  the  3d  of  November.  They  presented  them  the  thanks  of 
the  United  States  for  their  long  and  faithful  services,  and  bestow 
ed  on  them  that  applause,  they  so  justly  merited,  for  their  forti 
tude  and  magnanimity,  in  the  most  trying  scenes  of  distress,  and 
for  a  series  of  the  most  heroic  and  illustrious  achievements,  which 
exalted  them  to  a  high  rank  among  the  most  zealous  and  suc 
cessful  defenders  of  the  rights  and  liberties  of  mankind.  The 
day  previous  to  their  final  discharge,  general  Washington  issued 
to  the  armies  of  the  United  States,  his  farewell  orders. 

After  alluding  to  the  proclamation  of  congress,  he  says,  "  It 
only  remains  for  the  commander  in  chief,  to  address  himself  once 
more,  and  that  for  the  last  time,  to  the  armies  of  the  United 
States,  (however  widely  dispersed  the  individuals  who  composed 
them  may  be)  and  to  bid  them  an  affectionate — a  long  farewell. 

"  And  being  now  to  conclude  these  his  last  public  orders,  to 
take  his  ultimate  leave,  in  a  short  time,  of  the  military  character, 
and  to  bid  a  final  adieu  to  the  armies  he  has  so  long  had  the 
honor  to  command,  he  can  only  again  offer,  in  their  behalf,  his 
recommendations  to  their  grateful  country,  and  his  prayers  to  the 
God  of  armies.  May  ample  justice  be  done  them  here,  and  may 
the  choicest  of  heaven's  favors,  both  here  and  hereafter,  attend 
those,  who,  under  the  divine  auspices,  have  secured  innumerable 
blessings  for  others.  With  these  wishes,  and  this  benediction,  the 
commander  in  chief  is  about  to  retire  from  service.  The  curtain 
of  separation  will  soon  be  drawn,  and  the  military  scene  to  him. 
be  closed  forever/' 

The  British  army  did  not  finally  leave  the  city  of  New  York> 
until  the  25th  of  November.  On  the  same  day  general  Wash- 
Uigton,  with  some  of  his  principal  officers,  and  the  remaining 

*  Note  16. 


176  POLITICAL  AND  CIVIL  HISTORY 

part  of  the  American  troops,  accompanied  by  the  governor,  lieu 
tenant  governor,  some  members  of  the  council,  and  many  of  the 
citizens  of  the  state  of  New  York,  marched  in,  and  took  posses 
sion  of  that  city. 

The  joyful  event  of  peace,  was  here  celebrated,  on  the  first  of 
December.  Here  also  four  days  after,  the  commander  in 
chief  took  leave  of  his  officers.  Having  met  them  at  a  place  ap 
pointed,  the  general  taking  a  glass  of  wine,  thus  addressed  them 
— "  With  a  heart  full  of  love  and  gratitude,  I  now  take  leave  of 
you.  I  most  devoutly  wish,  thai  your  latter  days  may  be  as  pros 
perous  and  happy,  as  your  former  ones  have  been  glorious  and 
honorable."  After  a  short  pause,  each  one  received  the  hand 
and  embrace  of  their  beloved  general.  Being  then  on  his  way  to 
congress,  to  resign  his  commission,  his  officers,  in  a  procession 
accompanied  him  to  the  boat  in  which  he  was  to  embark,  and  as 
it  put  from  the  shore,  an  alternate  waving  of  hats,  gave  the  last 
silent  adieu.* 

After  remaining  a  few  days  at  Philadelphia,  for  the  purpose  of 
settling  his  accounts,  (the  whole  of  which  was  only  nineteen  thou 
sand  three  hundred  pounds  eleven  shillings  and  nine  pence,  Vir 
ginia  money,)  he  repaired  to  the  seat  of  the  general  government, 
at  Annapolis  ;  and  on  the  23d  of  December,  at  a  public  audi 
ence,  and  in  the  presence  of  a  great  concourse  of  his  fellow  citi 
zens,  he  resigned  into  the  hands  of  congress,  that  commission, 
which  more  than  eight  years  before,  he  had,  with  so  much  diffi 
dence,  and  in  far  other  circumstances,  received  from  them.  In 
doing  this,  he  made  the  following  address. 

"  Mr.  President — The  great  events,  on  which  my  resignation 
depended,  having  at  length  taken  place,  I  have  now  the  honor  of 
offering  my  sincere  congratulations  to  congress,  and  of  present 
ing  myself  before  them,  to  surrender  into  their  hands  the  trust 
committed  to  me,  and  to  claim  the  indulgence  of  retiring  from 
the  service  of  my  country. 

"  Happy  in  the  confirmation  of  our  independence  and  sover 
eignty,  and  pleased  with  the  opportunity  afforded  the  United 

*  Gordon  p.  377. 


OF  THE  UNITED  STATES.  177 

States,  of  becoming  a  respectable  nation,  I  resign  with  satisfac 
tion  the  appointment  I  accepted  with  diffidence, — a  diffidence  in 
my  abilities  to  accomplish  so  arduous  a  task ;  which,  however, 
was  superseded  by  a  confidence  in  the  rectitude  of  our  cause,  the 
support  of  the  supreme  power  of  the  union,  and  the  patronage  of 
heaven. 

"  The  successful  termination  of  the  war  verified  the  most  san 
guine  expectations  ;  and  my  gratitude  for  the  interposition  of 
Providence,  and  the  assistance  I  have  received  from  my  country 
men,  increases  with  every  review  of  the  momentous  contest. 

"  While  I  repeat  my  obligations  to  the  army  in  general,  I  should 
do  injustice  to  my  own  feelings,  not  to  acknowledge  in  this  place, 
the  peculiar  services  and  distinguished  merits  of  the  gentlemen, 
who  have  been  attached  to  my  person,  during  the  war.  It  was 
impossible  the  choice  of  confidential  officers,  to  compose  my  fam 
ily,  should  have  been  more  fortunate. 

"  Permit  me,  sir,  to  recommend,  in  particular,  those  who  have 
continued  in  the  service  to  the  present  moment,  as  worthy  of  the 
favorable  notice  and  patronage  of  congress. 

"  I  consider  it  an  indispensable  duty  to  close  this  last  act  of  my 
•fficial  life,  by  commending  the  interests  of  our  dearest  country  to 
the  protection  of  Almighty  God,  and  those,  who  have  the  super 
intendence  of  them,  to  his  holy  keeping. 

"  Having  now  finished  the  work  assigned  me,  I  retire  from  the 
great  theatre  of  action,  and  bidding  an  affectionate  farewell  to 
this  august  body,  under  whose  orders  I  have  so  long  acted,  I  here 
offer  my  commission,  and  take  my  leave  of  all  the  employments 
of  public  life." 

The  following  answer  was  returned  by  the  president. 

"  Sir — The  United  States  in  congress  assembled,  receive  with 
emotions  too  affecting  for  utterance,  the  solemn  resignation  of 
the  authorities,  under  which  you  have  led  their  troops  with  suc 
cess,  through  a  perilous  and  a  doubtful  war.  Called  upon  by 
your  country  to  defend  its  invaded  rights,  you  accepted  the  sacred 
charge,  before  it  formed  alliances,  and  whilst  it  was  without  funds 

VOL.  II.  23 


178  POLITICAL  AND  CIVIL  HISTORY,  &c. 

or  a  government  to  support  you.  You  have  conducted  the  great 
military  contest  with  wisdom  and  fortitude,  invariably  regarding 
the  rights  of  the  civil  power,  through  all  disasters  and  changes. 
You  have,  by  the  love  and  confidence  of  your  fellow  citizens,  en 
abled  them  to  display  their  martial  genius,  and  transmit  their  fame 
to  posterity.  You  have  persevered,  till  these  United  States,  aid 
ed  by  a  magnanimous  king  and  nation,  have  been  enabled,  un 
der  a  just  Providence,  to  close  the  war  in  freedom,  safety,  and 
independence  ;  on  which  happy  event  we  sincerely  join  you  in 
congratulations. 

"  Having  defended  the  standard  of  liberty  in  this  new  world  : 
having  taught  a  lesson  useful  to  those  who  inflict,  and  to  those 
who  feel  oppression,  you  retire  from  the  great  theatre  of  action, 
with  the  blessings  of  your  fellow  citizens  ;  but  the  glory  of  your 
virtues  will  not  terminate  with  your  military  command,  it  will  con 
tinue  to  animate  remotest  ages. 

"  We  feel  with  you  our  obligations  to  the  army  in  general,  and 
will  particularly  charge  ourselves,  with  the  interests  of  those  con 
fidential  officers,  who  have  attended  your  person  to  this  affecting 
moment. 

"  We  join  you,  in  commending  the  interests  of  our  dearest 
country  to  the  protection  of  Almighty  God,  beseeching  him  to 
dispose  the  hearts  and  minds  of  its  citizens  to  improve  the  oppor 
tunity  afforded  them,  of  becoming  a  happy  and  respectable  na 
tion.  And  for  you,  we  address  to  him  our  earnest  prayers,  that 
a  life  so  beloved,  may  be  fostered  with  all  his  care  ;  and  that  your 
days  may  be  as  happy  as  they  have  been  illustrious  ;  and  that  he 
will  finally  give  you  that  reward,  which  this  world  cannot  give."* 

This  was  the  closing  military  scene  of  the  American  revolution. 
This  scene,  with  the  declaration  of  independence,  the  surrender 
of  general  Burgoyne,  and  the  capture  of  lord  Cornwallis,  in  pur 
suance  of  a  late  order  of  congress,  have  been  selected,  to  be 
commemorated  by  appropriate  paintings,  for  national  use.  These 
have  been  executed  by  John  Trumbull,  a  celebrated  American 
artist,  and  placed  in  the  capitol  at  the  seat  of  the  general  gov 
ernment. 

*  Journals  of  Congress,  vol.  9. 


CHAPTER  XVI. 


After  the  peace  of  1783,  congress  take  measures  to  restore  public  credit — Amount  ot 
the  debt  of  the  United  States — States  requested  to  vest  congress  with  power  to  levy 
duties  on  imports,  and  to  establish  funds  for  the  payment  of  the  interest  of  the  debt 
—Address  to  the  states  on  the  subject— All  the  states  grant  the  impost,  except  New 
York — Congress  propose  to  enter  into  commercial  treaties  with  most  of  the  powers 
of  Europe — Establish  certain  principles  respecting  treaties — Appoint  ministers  to 
form  commercial  arrangements  with  foreign  nations — Pitt's  bill  respecting  commer 
cial  intercourse  with  the  United  States— Not  approved  by  the  new  ministry  and 
the  navigating  interest— Lord  Sheffield's  observations  upon  it — King  and  council, 
authorized  to  regulate  the  commerce  with  the  United  States — Americans  excluded 
from  the  West  India  trade — Disputes  with  Great  Britain  about  the  inexecution  of 
the  treaty  of  peace — Mr.  Adams  sent  minister  to  England — His  instructions — His 
reception  at  the  court  of  London — Presents  a  memorial  to  the  British  ministers — 
British  complain  of  infractions  of  the  treaty  on  the  part  of  the  United  States — Con 
gress  recommend  the  repeal  of  all  laws  contrary  to  the  treaty — Disputes  with  Spain 
renewed  about  limits  and  the  navigation  of  the  Mississippi — Gardoqui,  minister  from 
Spain  arrives — Mr.  Jay  appointed  to  negociate  with  him — His  instructions,  and 
course  of  negociation  with  the  Spanish  minister — Cessions  of  lands  by  the  states — 
Territory  of  the  United  States  formed  into  a  district — Ordinance  of  congress  for  the 
government  of  the  territory — Inefficiency  of  the  general  government — Depressed 
state  of  American  commerce — Insurrection  in  Massachusetts — Alarms  congress- 
Troops  ordered  to  be  raised  to  assist  Massachusetts — Meeting  of  commissioners 
from  several  states  at  Annapolis,  to  amend  the  articles  of  confederation — General 
convention  recommended  by  these  commissioners  and  by  congress — Delegates  to 
this  convention  appointed  by  all  the  states  except  Rhode  Island. 


ONE  of  the  first  objects  which  claimed  the  attention  of  con 
gress,  after  the  signature  of  the  provisional  articles  of  peace,  was 
the  restoration  of  public  credit,  and  the  establishment  of  funds 
for  the  payment  of  the  debts  incurred  by  the  war.  It  was  obvi 
ous,  that  duties  on  imports,  must  constitute  no  inconsiderable 
portion  of  these  funds.  Congress,  however,  had  no  power  to 
levy  these  duties,  without  the  assent  of  all  the  states. 


180  POLITICAL  AND  CIVIL  HISTORY 

The  whole  expense  of  the  war,  has  been  estimated  at  the  sum 
of  one  hundred  and  thirty-five  millions  of  dollars.  In  this  is 
included  the  specie  value  of  all  the  bills  advanced  from  the  treas 
ury  of  the  United  States,  reduced  according  to  a  scale  of  depre 
ciation,  established  by  congress.  The  whole  amount  of  the  debt 
of  the  United  States,  as  ascertained  in  1783,  was  about  forty-two 
millions  of  doiiars  ;  eight  millions  of  which  arose,  from  loans 
obtained  in  France  and  Holland,  and  the  remainder  was  due 
to  American  citizens.  The  annual  interest  of  this  debt,  was,  two 
millions  four  hundred  and  fifteen  thousand  nine  hundred  and 
fifty-six  dollars. 

On  the  12th  of  February,  1783,  congress,  with  great  unanimi 
ty,  declared,  "  that  the  establishment  of  permanent  and  adequate 
funds  on  taxes  or  duties,  which  shall  operate  generally,  and  on 
the  whole,  in  just  proportion,  throughout  the  United  States,  are 
indispensably  necessary  towards  doing  complete  justice  to  the 
public  creditors,  for  restoring  public  credit,  and  for  providing  for 
the  future  exigencies  of  the  war." 

It  was  much  easier  to  agree,  in  this  general  resolution,  than  to 
provide  the  means  for  carrying  it  into  effect.  After  much  de 
bate,  congress,  on  the  18th  of  April,  recommended  to  the  states, 
as  being  "indispensably  necessary,  to  the  restoration  of  public 
credit,  and  to  the  punctual  discharge  of  the  public  debts,"  to 
vest  congress  with  power  to  levy  certain  specified  duties  on 
spirits,  wines,  teas,  pepper,  sugar,  molasses,  cocoa,  and  coffee, 
and  a  duty  of  five  per  cent,  ad  valorem,  on  all  other  imported 
goods.  These  duties  were  to  be  applied  solely  to  the  payment 
of  the  interest  and  principal  of  the  public  debt,  and  for  that  pur 
pose,  to  continue  twenty-five  years  :  the  collectors  to  be  chosen 
by  the  states,  but  removeable  by  congress. 

The  states  were  also  required,  to  establish  for  the  same  time, 
and  for  the  same  object,  substantial  and  effectual  revenues  of 
such  nature,  as  they  should  judge  convenient,  for  supplying  their 
proportion  of  one  million  five  hundred  thousand  dollars,  annually, 


OF  THE  UNITED  STATES.  181 

exclusive  of  duties  on  imports  ;  the  proportion  of  each  state  to 
be  fixed,  according  to  the  articles  of  confederation.* 

This  system  was  not  to  take  effect,  until  acceded  to  by  every 
state,  and  when  adopted  by  all,  to  be  a  mutual  compact  among 
the  states,  and  irrevocable  by  any  one,  without  the  consent  of 
the  whole,  or  of  a  majority  of  the  United  States  in  congress. 

The  taxes  and  expenses  of  the  union,  had  never  yet  been  ap 
portioned  among  the  states,  according  to  the  rule  prescribed  by 
the  confederation.  A  satisfactory  valuation  of  houses  and  lands 
had  never  yet  been  completed ;  and  the  difficulties  in  making 
such  a  valuation,  seemed  nearly  insuperable.  The  proportions 
had  been  generally  regulated  by  the  supposed  number  of  inhab 
itants.  Congress  now  proposed  to  the  consideration  of  the 
states,  an  alteration  in  the  articles,  providing,  that  the  proportion 
should  be  governed  by  the  number  of  white  and  other  free  citi 
zens,  including  those  bound  to  servitude  for  a  term  of  years,  and 
three  fifths  of  all  other  persons. 

To  enforce  the  importance  and  necessity  of  adopting  and  car 
rying  into  effect,  this  system  of  finance,  congress  presented  an  ad 
dress  to  the  states.  This  was  prepared  by  a  committee  consist 
ing  of  Mr.  Ellsworth,  Mr.  Madison,  and  Mr.  Hamilton,  who,  then 
and  afterwards,  held  a  high  rank  among  American  statesmen. 

After  explaining  the  system  itself,  congress  appealed  to  the 
gratitude  and  pride,  as  well  as  justice  and  plighted  faith  of  the 
nation.  They  urged  particularly,  the  propriety  of  the  provision 
recommended  for  the  payment  of  the  national  debt.  "  If  other 
motives  than  that  of  justice,"  they  said,  "  could  be  requisite, 
on  this  occasion,  no  nation  could  ever  feel  stronger  ;  for,  to  whom 
are  the  debts  to  be  paid  ? 

*  This  sum  of  1,500,000  dollars,  was  apportioned  among  the  states,  as  follows : — 

New  Hampshire,  52,708  Delaware,                22,443 

Massachusetts,  224,427  Maryland,  141,517 

Rhode  Island,  32,318  Virginia,  256,487 

Connecticut,  132,091  North  Carolina,  109,006 

New  York,  128,242  South  Carolina,      96,183 

New  Jersey,  83,358  Georgia,                  16,030 

Pennsylvania,  205,189 


182  POLITICAL  AND  CIVIL  HISTORY 

"  To  an  ally,  in  the  first  place,  who,  to  the  exertion  of  his  ar 
mies  in  support  of  our  cause,  has  added  the  succors  of  his  treas 
ure  ;  who,  to  his  important  loans,  has  added  liberal  donations  ; 
and  whose  loans  themselves,  carry  the  impression  of  his  magna 
nimity  and  friendship. 

"  To  individuals  in  a  foreign  country,  in  the  next  place,  who 
were  the  first  to  give  so  precious  a  token  of  their  confidence  in  our 
justice,  and  of  their  friendship  for  our  cause,  and  who  are  mem 
bers  of  a  republic,  which  was  second  in  espousing  our  rank 
among  nations. 

"  Another  class  of  creditors  is,  that  illustrious  and  patriotic 
band  of  fellow  citizens,  whose  blood  and  whose  bravery  have  de 
fended  the  liberties  of  their  country,  who  have  patiently  borne, 
among  other  distresses,  the  privation  of  their  stipends,  whilst  the 
distresses  of  their  country  disabled  it  from  bestowing  them  ;  and 
who  even  now,  ask  for  no  more  than  such  a  portion  of  their  dues, 
as  will  enable  them  to  retire  from  the  field  of  glory,  into  the  bosom 
of  peace  and  private  citizenship,  and  for  such  effectual  security 
for  the  residue  of  their  claims,  as  their  country  is  now  unques 
tionably  able  to  provide. 

"  The  remaining  class  of  creditors  is  composed  partly  of  such 
of  our  fellow  citizens  as  originally  lent  to  the  public  the  use  of 
their  funds,  or  have  since  manifested  most  confidence  in  their 
country,  by  receiving  transfers  from  the  lenders  ;  and  partly  of 
those,  whose  property  has  been  either  advanced  or  assumed  for 
the  public  service.  To  discriminate  the  merits  of  these  several 
descriptions  of  creditors,  would  be  a  task  equally  unnecessary  and 
invidious.  If  the  voice  of  humanity  plead  more  loudly  in  favor  of 
some,  than  of  others,  the  voice  of  policy,  no  less  than  justice, 
pleads  in  favor  of  all.  A  wise  nation  will  never  permit  those, 
who  relieve  the  wants  of  their  country,  or  who  rely  most  on  its 
faith,  its  firmness,  and  its  resources,  when  either  of  them  is  dis 
trusted,  to  suffer  by  the  event. 

"  Let  it  be  remembered,  finally,  that  it  has  ever  been  the  pride 
and  boast  of  America,  that  the  rights,  for  which  she  contended, 


OF  THE  UNITED  STATES.  183 

were  the  rights  of  human  nature.  By  the  blessing  of  the  author 
of  these  rights,  or  the  means  exerted  for  their  defense,  they  have 
prevailed  against  all  opposition,  and  form  the  basis  of  thirteen  in 
dependent  states.  No  instance  has  heretofore  occurred,  nor  can 
any  instance  be  expected  hereafter  to  occur,  in  which  the  una 
dulterated  forms  of  republican  government  can  pretend  to  so  fair 
an  opportunity  of  justifying  themselves  by  their  fruits.  In  this 
view,  the  citizens  of  the  United  States  are  responsible  for  the 
greatest  trust  ever  confided  to  a  political  society. 

"  If  justice,  good  faith,  honor,  gratitude,  and  all  other  quali 
ties,  which  enoble  the  character  of  a  nation,  and  fulfil  the  ends 
of  government,  be  the  fruits  of  our  establishments,  the  cause  of 
liberty  will  acquire  a  dignity  and  lustre,  which  it  has  never  yet 
enjoyed  ;  and  an  example  will  be  set,  which  cannot  but  have  the 
most  favorable  influence  on  the  rights  of  mankind. 

"  If  on  the  other  side,  our  government  should  be  unfortunately 
blotted  with  the  reverse  of  these  cardinal  and  essential  virtues,  the 
great  cause  which  we  have  engaged  to  vindicate,  will  be  dishon 
ored  and  betrayed  ;  the  last  and  fairest  experiment  in  favor  of 
the  rights  of  human  nature  will  be  turned  against  them,  and  their 
patrons  and  friends  exposed  to  be  insulted  and  silenced  by  the 
votaries  of  tyranny  and  usurpation."* 

The  propriety  and  necessity  of  adopting  this  system,  was 
strongly  pressed  upon  the  states,  by  general  Washington, 
in  his  address  of  the  8th  of  June.  Alluding  to  it,  he  says,  "  no 
real  friend  to  the  honor  and  independency  of  America,  can 
hesitate  a  single  moment  respecting  the  propriety  of  complying 
with  the  just  and  honorable  measure  proposed." 

This  plan,  however,  though  thus  ably  supported  and  recom 
mended,  was  never  accepted  by  the  states,  in  such  a  manner, 
as  to  go  into  operation.  The  pressure  of  common  danger  being 
removed,  the  bond  of  federal  union  became  weak  and  feeble,  and 
the  inefficiency  of  the  national  government  more  apparent.  A 
jealousy  between  the  state  and  general  governments,  began  to  ex 
ist  ;  and  stale  interests  predominated.  The  importing  states  levi- 

*  Journals  of  Congress,  vol.  8. 


184  POLITICAL  AND  CIVIL  HISTORY 

ed  contributions  on  their  neighbors  for  their  own  benefit,  and  some 
of  them  would  not  relinquish  the  advantages  of  their  local  situation, 
Congress,  indeed,  had  power  to  make  treaties  with  foreign  na 
tions,  but  none  to  enforce  the  observance  of  them  ;  they  had  pow 
er  to  contract  debts,  but  were  unable  to  enforce  the  collection  of 
money  for  the  payment  of  them.  For  this,  they  were  dependent 
on  the  will  of  thirteen  distinct  legislative  bodies. 

That  part  of  the  financial  plan,  which  required  from  the  states 
a  pledge  of  internal  revenues  for  twenty  five  years,  met  with  the 
greatest  opposition.  Congress,  were  at  length,  satisfied,  that  a 
general  compliance  with  this  part  of  the  system  was  not  to  be 
expected,  and  confined  their  requests  to  that  relating  to  duties  on 
imports.  In  1786,  all  the  states,  except  New  York,  had  compli 
ed  with  this  part  of  the  system.  The  operation  of  the  acts,  passed 
by  some  of  the  states,  however,  depended  on  similar  acts  from  the 
others.  The  state  of  New  York,  instead  of  vesting  congress  with 
the  power  of  levying  the  duties,  reserved  this  right  to  itself  agree 
ably  to  a  law  passed  in  1784  ;  and  also  refused  to  make  the  col 
lectors  amenable  to,  and  removable  by  congress. 

As  the  assent  of  New  York  was  now  only  wanting,  on  this  part 
of  the  plan,  congress  earnestly  requested  the  executive  of  that 
state  to  convene  the  legislature,  for  the  purpose  of  making  their 
law  conformable  to  those  of  other  states.  The  governor  of  New 
York,  however,  declined  complying  with  this  request,  alleging, 
that  by  the  constitution  of  that  state,  he  could  only  convene  the 
legislature  on  extraordinary  occasions ;  and  as  the  subject  had 
recently  been  before  that  body,  and  received  their  determination, 
such  an  occasion  did  not  exist.  To  a  second  and  more  earnest 
application,  he  made  the  same  reply.  While  this  system  of 
revenue  was  under  the  consideration  of  the  states,  congress 
could  do  nothing  more  than  make  requisitions,  and  these 
were  not  complied  with.  The  requisitions  for  the  payment 
of  the  interest  of  the  domestic  debt,  from  1782  to  1786,  amount 
ed  to  more  than  six  millions  of  dollars ;  yet,  of  this  sum,  up 
to  March  31st,  1787,  about  one  million  only  was  paid.*  The 

*  Report  of  the  Board  of  Treasury. 


OF  THE  UNITED  STATES,  185 

interest  of  the  domestic  debt,  therefore,  was  unpaid  ;  and  the 
money  borrowed  in  Europe,  was  applied  to  the  payment  of  in 
terest  on  foreign  loans.  In  this  situation,  the  domestic  debt  was 
deemed  of  little  value,  and  was  sold  for  about  one  tenth  of  its 
nominal  amount. 

Soon  after  the  ratification  of  the  definitive  treaty,  congress, 
turned  their  attention  to  the  subject  of  commercial  intercourse 
with  foreign  nations.  Liberated  from  the  commercial  shackles 
of  their  colonial  state,  the  Americans  were  now  disposed  to  form 
commercial  arrangements  with  most  of  the  powers  of  Europe. 
With  these  views,  congress  declared,  that  it  would  be  advantage 
ous  to  conclude  treaties  with  Russia,  the  court  of  Vienna,  Prus 
sia,  Spain,  Portugal,  Genoa, Tuscany,  Rome,  Naples,  Venice,  Sar 
dinia,  and  the  Ottoman  Porte. 

Certain  principles,  by  which  the  American  negociators  were  to 
be  governed,  in  the  formation  of  these  treaties,  were  at  the  same 
time,  settled.  Among  the  stipulations  to  be  proposed  on  the 
part  of  America,  some  were  of  a  novel  character,  and  calcu 
lated  to  lessen  the  calamities  of  war.  In  case  of  hostilities 
between  the  contracting  parties,  fishermen,  cultivators  of  the 
earth,  artisans  or  manufacturers  unarmed  and  inhabiting  un 
fortified  towns,  villages,  or  places,  who  labored  for  the  common 
subsistence  of  and  benefit  of  mankind,  and  peaceably  followed  their 
respective  employments,  were  to  be  allowed  to  continue  the 
same,  and  not  be  molested  by  the  armed  force  of  the  enemy,  in 
whose  power,  by  the  events  of  war,  they  might  happen  to  fall ; 
but  if  it  should  be  necessary  to  take  any  thing  from  them  for  the 
use  of  such  armed  force,  it  should  be  paid  for,  at  a  reasonable 
price.  All  merchants  and  traders,  also,  exchanging  the  products 
of  different  places,  were  to  be  allowed  to  pass  free  and  unmo 
lested  ;  and  neither  of  the  contracting  parties  was  to  grant  or 
issue  any  commission  to  any  private  armed  vessels,  empower 
ing  them  to  take  or  destroy  such  trading  ships,  or  interrupt  such 
commerce.* 

*  Secret  Journals  of  Congress,  vol.  3,  p.  484,  and  Note  17, 
VOL.  II.  24 


186  POLITICAL  AND  CIVIL  HISTORY 

The  first  stipulation  was  inserted  in  a  treaty  between  the  Uni 
ted  States  and  Prussia,  concluded  in  the  year  1785,  with  an  ad 
dition,  extending  the  same  privileges  and  exemptions  to  all  wo 
men  and  children,  and  to  scholars.  The  duration  of  all  the  trea 
ties  was  to  be  limited  to  ten  years,  except  in  particular  cases,  but 
in  no  case,  to  exceed  fifteen.  This  was  a  very  wise  provision  for 
a  new  and  growing  country.  The  American  ministers  were, 
also,  particularly  instructed  in  any  negociations  with  Spain,  not 
to  relinquish  or  cede,  in  any  event  whatever,  the  right  of  freely 
navigating  the  river  Mississippi  from  its  source  to  the  ocean. 
John  Adams,  Dr.  Franklin,  and  Mr.  Jefferson,  were  authorized  to 
make  and  receive  propositions  for  such  treaties,  for  the  term  of 
two  years. 

The  American  commissioners  at  Paris,  in  1783,  as  before  stat 
ed,  were  unable  to  agree  with  the  British  negociator,  in  any  com 
mercial  arrangement  between  their  respective  countries.  Each 
nation,  was,  therefore,  left  to  make  its  own  regulations.  In 
March,  1783,  William  Pitt,  then  chancellor  of  the  exchequer, 
brought  into  the  house  of  commons,  a  bill  for  the  temporary  reg 
ulation  of  commerce  between  Great  Britain  and  the  Unit 
ed  States,  founded  upon  very  liberal  principles.  This  bill,  after 
stating  the  new  situation  in  which  the  people  of  the  United 
States  were  placed,  declared,  "  And,  whereas,  it  is  highly  ex 
pedient,  that  the  intercourse  between  Great  Britain,  and  the  said 
United  States,  should  be  established  on  the  most  enlarged  prin 
ciples  of  reciprocal  benefit  to  both  countries,  but  from  the  dis 
tance  between  Great  Britain  and  America,  it  must  be  a  con 
siderable  time  before  any  convention  or  treaty  for  establishing 
and  regulating  the  trade  and  intercourse  between  Great  Britain 
and  the  said  United  States  of  America,  upon  a  permanent  foun 
dation,  can  be  concluded  : — 

"  Now  for  the  purpose  of  making  a  temporary  regulation  of 
the  commerce  and  intercourse  between  Great  Britain  and  the 
said  United  States  of  America,  and  in  order  to  evince  the  dispo 
sition  of  Great  Britain,  to  be  on  terms  of  the  most  perfect  amity 


OF  THE  UNITED  STATES.  187 

with  the  said  United  States  of  America,  and  in  confidence  of  a 
like  friendy  diposition  on  the  part  of  the  United  States  towards 
Great  Britain,  be  it  further  enacted,  that  from  and  after  the 

*  *  *  *  the  ships  and  vessels  of  the  subjects  and  citizens 
of  the  said  United  States  of  America,  with  the  merchandize  and 
goods  on  board  the  same,  shall  be  admitted  into  all  the  ports  of 
Great  Britain,  in  the  same  manner  as  the  ships  and  vessels  of  the 
subjects  of  other  independent  sovereign  states ;  but  the  mer 
chandizes  and  goods  on  board  such  ships  or  vessels  of  the  sub 
jects  or  citizens  of  the  said  United  States,  being  of  the  growth, 
produce,  or  manufacture  of  the  said  United  States,  shall  be  liable 
to  the  same  duties  and  charges  only,  as  the  same  merchandizes 
and  goods  would  be  subject  to,  if  they  were  the  property  of  Brit 
ish  subjects,  and  imported  in  British  built  ships  or  vessels,  navi 
gated  by  British  natural  born  subjects." 

This  bill,  also,  placed  the  intercourse  between  the  United 
States  and  the  British  American  colonies,  on  a  footing  equally 
liberal. 

"  And  be  it  further  enacted,  that  during  the  time  aforesaid,  the 
ships  and  vessels  of  the  subjects  and  citizens  of  the  said  United 
States  shall  be  admitted  into  the  ports  of  his  majesty's  islands, 
colonies  and  plantations  in  America,  with  any  merchandizes  or 
goods,  of  the  growth,  produce  or  manufactures  of  the  territories 
of  the  aforesaid  United  States,  with  liberty  to  export  from  his  said 
majesty's  islands  in  America,  to  the  said  territories  of  the  said 
United  States,  any  merchandizes  or  goods  whatsoever  ;  and  such 
merchandizes  or  goods,  which  shall  be  so  imported  into,  or  export 
ed  from  the  said  British  islands,  colonies  or  plantations  in  Ameri 
ca,  shall  be  liable  to  the  same  duties  and  charges  only,  as  the 
same  merchandizes  and  goods  would  be  subject  to,  if  they  were 
the  property  of  British  natural  born  subjects,  and  imported  or  ex 
ported  in  British  built  ships  or  vessels,  navigated  by  British  sea 
men. 

"  And  be  it  further  enacted,  that  during  all  the  time  herein  be 
fore  limited,  there  shall  be  the  same  draw-backs,  exemptions  and 
bounties  on  merchandizes  and  goods  exported  from  Great  Brit- 


188  POLITICAL  AND  CIVIL  HISTORY 

ain  into  the  territories  of  the  said  United  States  of  America,  as 
are  allowed  in  the  case  of  exportation  to  the  islands,  plantations, 
or  colonies,  now  remaining  or  belonging  to  the  crown  of  Great 
Britain  in  America." 

This  bill,  had  it  been  adopted,  would  have  laid  the  foundation 
of  peace  and  harmony  between  the  two  countries.  But  the  mo 
ver  of  it,  with  lord  Shelburne,  were  soon  after  obliged  to  retire 
from  office,  and  their  successors  in  April,  1783,  procured  an  act 
of  parliament  authorizing  the  king  and  council  to  regulate  the 
commercial  intercourse  between  the  United  States  and  Great 
Britain  and  her  dependencies.  The  bill  of  Mr.  Pitt  was  violently 
opposed  by  the  navigating  interest,  as  calculated  to  encourage 
the  American  marine,  by  securing  the  colonial  trade  to  the  peo 
ple  of  the  United  States.  "The  navigation  act,"  says  lord  Sheffield 
in  his  well  known  observations  on  the  commerce  of  the  American 
states,  "  prevented  the  Dutch  from  being  the  carriers  of  our  trade. 
The  violation  or  relaxation  of  that  act  in  favor  of  the  West 
India  islands,  or  of  the  American  states,  will  give  that  advantage 
to  the  New  Englanders,  and  encourage,  to  the  greatest  degree, 
the  marine  of  America,  to  the  ruin  of  our  own.  The  bill  in  its 
present  state,  allowing  an  open  trade  between  the  American 
states  and  our  islands,  relinquished  the  only  use  and  advantage 
of  American  colonies,  or  West  India  islands,  the  monopoly  of 
their  consumption,  and  the  carriage  of  their  produce ;  for  that 
object  alone  we  could  be  tempted  to  support  the  vast  expense  of 
their  maintenance  and  protection.  Our  late  wars  have  been  for 
the  exclusive  trade  of  America,  and  our  enormous  debt  has  been 
incurred  for  that  object.  Our  remaining  colonies  on  the  conti 
nent  and  islands  and  the  favorable  state  of  English  manufactures, 
may  still  give  us,  almost  exclusively,  the  trade  of  America.  But 
the  bill  grants  the  West  India  trade  to  the  American  states  on 
better  terms  than  we  can  have  it  ourselves,  and  these  advantages 
are  bestowed,  while  local  circumstances  insure  many  others', 
which  it  is  our  duty  to  guard  against,  rather  than  promote.  It 
makes  it  the  interest  of  our  merchants  to  trade  under  the  Ameri 
can  flag.  Shipping  may  be  had  in  America  at  a  much  less  ori- 


OF  THE  UNITED  STATES.  189 

ginal  expense  than  is  required  here,  but  the  quality  is  greatly  in 
ferior.  It  also  makes  it  the  interest  of  our  remaining  colonies  in 
North  America  (for  whom  no  advantages  are  reserved  by  the  bill 
in  question)  to  be  as  independent  as  the  American  states,  in  or 
der  to  have  their  trade  as  open."* 

British  statesmen  could  not  be  persuaded,  that  the  Americans 
would  ever  be  united  among  themselves,  or  be  able  to  form  any 
lasting  or  beneficial  engagements  with  other  nations,  not  only 
for  want  of  union,  but  from  opposing  interests,  and  from  the  im 
perfect  powers  of  their  general  government.  These  views  had 
no  little  influence  with  the  British  cabinet,  in  their  conduct  to 
wards  the  United  States.  On  this  subject,  lord  Sheffield  no 
doubt  spoke  the  language  of  Englishmen  in  general,  when  he 
said,  in  the  volume  before  alluded  to,  "It  will  not  be  an  easy 
matter  to  bring  the  American  states  to  act  as  a  nation ;  they  are 
not  to  be  feared  as  such  by  us.  It  must  be  a  long  time  before 
they  can  engage,  or  will  concur,  in  any  material  expenses.  A 
stamp  act,  a  tea  act,  or  such  act  that  can  never  again  occur, 
would  alone  unite  them.  Their  climate,  their  staples,  their  man- 
mers  are  different ;  their  interests  opposite  ;  and  that  which  is 
beneficial  to  one,  is  destructive  to  the  other.  We  might  as  rea 
sonably  dread  the  effects  of  combinations  among  the  German, 
as  among  the  American  states,  and  deprecate  the  resolves  of  the 
Diet,  as  those  of  congress.  In  short,  every  circumstance  proves 
that  it  will  be  extreme  folly  to  enter  into  any  engagements,  by 
which  we  may  not  wish  to  be  bound  hereafter.  It  is  impossible  to 
name  any  material  advantage  the  American  states  will  or  can 
give  us  in  return,  more  than  what  we  of  course  shall  have.  No 
treaty  can  be  made  with  the  American  states  that  can  be  binding 
on  the  whole  of  them.  The  act  of  confederation  does  not  ena 
ble  congress  to  form  more  than  general  treaties — at  the  moment 
of  the  highest  authority  of  congress,  the  power  in  question  was 
withheld  by  the  several  states.  No  treaty  that  could  be  made, 
could  suit  the  different  interests.  When  treaties  are  necessary, 
they  must  be  made  with  the  states  respectively.  Each  state  has 

*  Lord  Sheffield,  pp.  136,  137, 133. 


190  POLITICAL  AND  CIVIL  HISTORY 

reserved  every  power  relative  to  imports,  exports,  prohibitions,  du 
ties,  &c.  to  itself.  But  no  treaty  at  present  is  necessary.  We 
trade  with  several  very  considerable  nations,  without  commercial 
treaties." 

The  concluding  remarks  of  lord  Sheffield,  in  his  celebrated  ob 
servations  on  American  commerce,  tend  not  only  to  shew  Eng 
lish  views  of  the  weakness  and  inefficiency  of  the  American  gov 
ernment,  but  also  to  elucidate  the  policy  pursued  by  the  British 
cabinet,  with  respect  to  the  United  States.  "  Some,"  says  his 
lordship,  "  may  doubt  what  turn  the  American  states  will  take, 
and  with  many  it  may  reasonably  be  a  question,  whether  the 
trade  will  be  again  in  so  prosperous  a  state  for  America.  Confu 
sion  and  anarchy  are  likely  to  prevail  for  some  time.  Our  de 
scendants,  the  New  Englanders,  apt  to  be  troublesome  to  them 
selves  as  well  as  to  others,  and  encouraged  by  a  party  among  us 
in  the  habit  of  bullying  our  ministers,  may  assume  a  tone,  which, 
however,  will  now  avail  them  little  in  Europe.  Their  natural 
disposition  will  be  heightened  by  finding  they  have  lost  the  prin 
cipal  market  for  their  shipping,  lumber,  the  produce  of  the  whale 
fishery,  and  much  of  the  carrying  trade.  They  will  machinate, 
and  must  attempt  to  manage.  The  weakness  of  the  southern 
states  has  not  a  little  to  fear  from  their  interference.  It  remains 
to  be  seen  whether  the  southern  will  become  the  puppets  of  the 
northern,  whether  the  middle  colonies  will  be  the  dupes  to  the 
northern,  or  a  barrier  to  the  southern  states  ;  we  shall,  however, 
see  New  Englanders  emigrate  from  the  government  of  their  own 
forming,  even  to  Nova  Scotia  and  Canada,  putting  themselves 
under  that  British  government  of  which  they  so  loudly  complain 
ed.  Nothing  is  more  uncertain  than  political  speculations.  The 
existence  of  one  man,  the  merest  accident,  gives  a  turn  to  the 
affairs  of  the  greatest  countries,  more  especially  of  a  country,  in  a 
state  in  which  America  now  is  ;  but  it  is  certain,  that  the  confu 
sion  of  the  American  states  can  now  only  hurt  themselves.  They 
must  pay  Europe  in  the  best  manner  they  can  for  clothing  and 
many  articles,  for  which  they  are  not  likely  to  have  the  credit 
they  had  while  in  more  settled  circumstances.  If  one  or  more 


OF  THE  UNITED  STATES.  191 

states  should  prohibit  the  manufactures  of  any  particular  country, 
they  will  find  their  way  to  them  through  other  states,  and  by  va 
rious  means.  The  difficulty  will  only  raise  the  price  on  the  con 
sumers  in  the  states  where  the  articles  are  prohibited.  The  Brit 
ish  manufactures  found  their  way  to  every  part  of  the  country 
during  a  most  rancorous  war,  and  the  most  strenuous  Americans 
acknowledge  that  no  imposts  or  excise  laws  will,  for  a  long  time, 
be  regarded  in  America.  In  the  mean  time,  and  at  all  times, 
Britain  will  have  nothing  to  apprehend.  The  American  states 
will  hardly  enter  into  real  hostilities  with  Britain.  Britain  need 
not  quarrel  with  them  all ;  but  should  either  happen,  some  stout 
frigates,  cruising  between  Halifax  and  Bermuda,  and  between 
Halifax  and  the  Bahamas,  would  completely  command  the  com 
merce  of  this  mighty  continent,  concerning  which  our  prophets 
have  so  much  amused  themselves,  deluding  the  unthinking — a 
strangely  conducted  war,  is  no  proof  to  the  contrary  ;  and  a  land 
war  vvould  not  be  necessary — but  in  some  of  the  states,  and  pos 
sibly  even  in  the  New  England  provinces,  when  the  animosity 
ceases,  and  the  interested  opposition  to  the  return  of  the  loyalists 
on  the  part  of  those  who  are  in  the  possession  of  their  lands,  is  no 
longer  kept  alive  by  apprehensions,  the  natural  good  wishes  that 
we  have  to  the  Americans,  which  they  will  gradually  allow  them 
selves  to  see,  their  interest,  our  interest,  and  many  circumstances 
may  bring  us  close  together. 

"  At  present  the  only  part  Britain  should  take  is  most  simple, 
and  perfectly  sure.  If  the  American  states  choose  to  send  consuls, 
receive  them,  and  send  a  consul  to  each  state.  Each  state  will 
soon  enter  into  all  necessary  regulations  with  the  consul,  and  this 
is  the  whole  that  is  necessary." 

Orders  in  council  were  issued,  in  July,  1783,  for  regulating  the 
trade  between  the  United  States  and  the  British  dominions. 
American  vessels  thereby  were  entirely  excluded  from  the  British 
West  Indies  ;  and  certain  articles,  such  as  fish,  beef,  pork,&c.  were 
not  allowed  to  be  carrie,d  there,  even  in  British  bottoms.  This 
prohibition  was  continued  by  temporary  acts  until  1788,  when  it 
was  permanently  established  by  act  of  parliament.  From  these 


192  POLITICAL  AND  CIVIL  HISTORY 

and  other  regulations,  congress  perceived  the  necessity  of  a  gen 
eral  power,  to  regulate  the  trade  of  the  United  States,  by  naviga 
tion  acts,  or  acts  countervailing  the  commercial  regulations  of 
foreign  nations.  On  the  30th  of  April,  1784,  therefore,  they  re 
commended  to  the  states,  to  vest  the  general  government,  for  the 
term  of  fifteen  years,  with  power  to  prohibit  any  goods  being  im 
ported  into,  or  exported  from  the  United  States,  in  vessels  belong 
ing  to,  or  navigated  by,  the  subjects  of  any  power,  with  whom 
the  United  States  had  not  formed  commercial  treaties  ;  and, 
also,  with  the  power  of  prohibiting,  for  the  same  term,  the  sub 
jects  of  any  foreign  nation,  unless  authorized  by  treaty,  from  im 
porting  into  the  United  States  any  goods  or  merchandize,  not  the 
produce  or  manufacture  of  the  dominions  of  the  sovereign,  whose 
subjects  they  were.  Though  congress  declared  to  the  states, 
that  unless  vested  with  powers  competent  to  the  protection  of 
commerce,  they  could  never  command  reciprocal  advantages, 
and  that  the  trade  of  the  United  States  must  go  into  the 
hands  of  foreigners ;  yet,  obvious  as  these  truths  were,  the  states 
could  not  be  induced  to  grant  the  powers  asked  for,  in  such  a 
manner,  that  the  same  could  be  exercised  by  the  general  gov 
ernment.  Some  of  the  states  themselves  passed  laws  counter 
vailing  the  regulations  respecting  the  West  India  trade,  by  im 
posing  higher  tonnage  duties,  on  British  vessels,  than  on  their 
own  or  those  of  other  nations,  as  well  as  higher  duties  on  goods 
imported  in  British  bottoms.  Massachusetts,  indeed,  prohibited 
the  transportation  of  any  goods,  wares,  or  merchandize,  the 
growth  or  produce  of  the  United  States,  in  British  ships.  But 
as  these  acts  were  neither  uniform  nor  permanent,  little  benefit 
was  derived,  or  could  be  expected  from  them  ;  and  the  Massa 
chusetts  act  was  soon  repealed. 

Difficulties  with  Great  Britain  were  not  confined  to  regulations 
respecting  commerce.  Serious  disputes  soon  arose,  concerning  the 
execution  of  the  treaty  of  peace  ;  and  each  nation  complained  of 
infractions  by  the  other.  On  the  part  of  the  United  States,  it  was 
alleged,  that  negroes  had  been  carried  away,  contrary  to  the  treaty; 
and  as  early  as  May,  1783,  congress  instructed  their  ministers  for 


OF  THE  UNITED  STATES.  193 

negociating  peace,  to  remonstrate  to  the  British  court,  against 
this  conduct  of  their  commander  in  America,  and  to  take  meas 
ures  to  obtain  reparation.  The  United  States,  also,  complained 
that  the  western  posts  had  not  been  surrendered,  agreeably  to 
treaty  stipulations.  Great  Britain,  on  her  part,  alleged,  that  le 
gal  impediments  had  been  interposed,  to  prevent  the  collection 
of  British  debts  in  America  ;  and  that  the  fifth  and  sixth  articles, 
relating  to  the  property  of  the  loyalists,  had  not  been  complied 
with. 

In  June,  1784,  the  legislature  of  Virginia,  not  only  declared, 
that  there  had  been  an  infraction  on  the  part  of  Great  Britain, 
of  the  7th  article,  in  detaining  the  slaves  and  other  property  of 
the  citizens  of  the  United  States,  but  instructed  their  delegates 
in  congress,  to  request,  that  a  remonstrance  be  presented  to  the 
British  court,  against  such  infraction,  and  to  require  reparation. 
They  also  directed  them  to  inform  congress,  that  the  state  of  Vir 
ginia  conceived,  a  just  regard  to  the  national  honor  and  interest 
obliged  her  assembly,  to  withhold  their  co-operation  in  the  com 
plete  fulfilment  of  the  treaty  until  the  success  of  such  remon 
strance  was  known,  or  they  should  have  further  directions  from 
congress.  They  at  the  same  time,  declared,  that  as  soon  as  re 
paration  for  such  infraction  should  be  made,  or  congress  should 
judge  it  indispensably  necessary,  such  acts  as  inhibited  the  re 
covery  of  British  debts,  should  be  repealed,  and  payment  made, 
in  such  time  and  manner,  as  should  consist  with  the  exhausted 
situation  of  the  state.* 

In  consequence  of  these  difficulties  and  disputes,  congress,  ear 
ly  in  the  year  17 85,  determined  to  send  a  minister  plenipotentiary 
to  Great  Britain  ;  and  on  the  24th  of  February,  John  Adams  was 
appointed  to  represent  the  United  States  at  the  court  of  London. 
He  was  instructed  "  in  a  respectful  but  firm  manner  to  insist,  that 
the  United  States  be  put,  without  further  delay,  into  possession  of 
all  the  posts  and  territories  within  their  limits  which  are  now  held 

*  State  Papers,  vol.  l,pp.  855,  356 

VOL.  IT.  2-i 


194  POLITICAL  AND  CIVIL  HISTORY 

by  British  garrisons ;  and  you  will  take  the  earliest  opportunity 
of  transmitting  the  answer  you  may  receive  to  this  requisition. 

"  You  will  remonstrate  against  the  infraction  of  the  treaty  of 
peace  by  the  exportation  of  negroes  and  other  American  proper 
ty,  contrary  to  the  stipulations  on  that  subject  in  the  seventh  arti 
cle  of  it.  Upon  this  head  you  will  be  supplied  with  various  au 
thentic  papers  and  documents,  particularly  the  correspondence 
between  general  Washington  and  others  on  the  one  part,  and  Sir 
Guy  Carlton  on  the  other. 

"  You  will  represent  to  the  British  ministry  the  strong  and  ne- 
cssary  tendency  of  their  restrictions  on  our  trade  to  incapacitate 
our  merchants  in  a  certain  degree  to  make  remittances  to  them, 

"  You  will  represent  in  strong  terms  the  losses  which  many  of 
our,  and  also  of  their  merchants  will  sustain,  if  the  former  be  un 
reasonably  and  immoderately  pressed  for  the  payment  of  debts 
contracted  before  the  war.  On  this  subject  you  will  be  furnished 
with  papers,  in  which  it  is  amply  discussed."* 

Mr.  Jefferson  was  soon  after  appointed  to  represent  the  United 
States,  at  the  court  of  Versailles,  in  the  room  of  Dr.  Franklin, 
who  had  leave  to  return  home,  after  an  absence  of  nine  years. 
Mr.  Livingston  having  resigned  the  office  of  secretary  of  foreign 
affairs,  Mr.  Jay,  in  March,  1784,  and  before  his  return  from  Eu 
rope,  was  appointed  in  his  place. 

Mr.  Adams  repaired  to  the  British  court,  and  was  received  as 
the  first  minister  from  the  United  States  since  their  independence 
was  acknowledged.  The  appearance  of  an  ambassador  from  a 
country  heretofore  in  colonial  subjection  to  the  British  crown, 
was  a  novel  spectacle  throughout  Europe,  as  well  as  in  England. 
Nor  could  the  circumstance  fail  to  wound  the  pride  of  the 
British  nation. 

Mr.  Adams,  however,  was  received  by  the  king  in  his  first  au 
dience,  with  great  politeness;  and  the  address  of  the  American 
minister  as  well  as  the  answer  of  his  majesty  on  this  occasion, 
from  the  novelty  of  the  scene,  possess  a  peculiar  interest.  The 

*  Secret  Journals  of  Congress,  vol.  3,  pp.  535,  536. 


OF  THE  UNITED  STATES.  195 

eeremony  of  an  address  on  his  first  introduction,  was  found 
to  be  indispensable.  After  the  usual  salutations,  Mr.  Ad 
ams  thus  addressed  the  king,  "  Sir,  the  United  States  of  Amer 
ica  have  appointed  me  their  minister  plenipotentiary  to  your  ma 
jesty,  and  have  directed  me  to  deliver  to  your  majesty  this  letter, 
which  contains  the  evidence  of  it.  It  is  in  obedience  to  their  ex 
press  commands,  that  I  have  the  honor  to  assure  your  majesty  of 
their  unanimous  disposition  and  design  to  cultivate  the  most 
friendly  and  liberal  intercourse  between  your  majesty's  subjects 
and  their  citizens,  and  of  their  best  wishes  for  your  majesty's 
health  and  happiness,  and  for  that  of  your  royal  family. 

"  The  appointment  of  a  minister  from  the  United  States  to 
your  majesty's  court,  will  form  an  epoch  in  the  history  of  Eng 
land  and  America.  I  think  myself  more  fortunate  than  all  my 
fellow  citizens,  in  having  the  distinguished  honor  to  be  the  first  to 
stand  in  your  majesty's  royal  presence  in  a  diplomatic  character ; 
and  I  shall  esteem  myself  the  happiest  of  men,  if  I  can  be  instru 
mental  in  recommending  my  country  more  and  more  to  your  ma 
jesty's  royal  benevolence,  and  of  restoring  an  entire  esteem,  con 
fidence,  and  affection,  or  in  better  words, 4  the  old  good  nature, 
and  the  old  good  humor,'  between  people,  who  though  separated 
by  an  ocean,  and  under  different  governments,  have  the  same 
language,  a  similar  religion,  and  kindred  blood.  I  beg  your  ma 
jesty's  permission  to  add,  that,  although  I  have  sometimes  before 
been  entrusted  by  my  country,  it  was  never  in  my  whole  life  in  a 
manner  so  agreeable  to  myself." 

To  this  the  king  replied  : — * 

"  Sir — The  circumstances  of  this  audience  are  so  extraordina 
ry,  the  language  you  have  now  held  is  so  extremely  proper,  and 
the  feelings  you  have  discovered  so  justly  adapted  to  the  occa 
sion,  that  I  must  say,  that  I  not  only  receive  with  pleasure  the  as 
surances  of  the  friendly  disposition  of  the  people  of  the  United 
States,  but  that  I  am  very  glad  the  choice  has  fallen  upon  you  to 
be  their  minister.  I  wish  you,  sir,  to  believe,  and  that  it  may  be 
understood  in  America,  that  I  have  done  nothing  in  the  late  con 
test  but  what  I  thought  myself  indispensably  bound  to  do  by  the 
duty  which  T  owed  to  my  people.  I  will  be  very  frank  with  you, 


196  POLITICAL  AND  CIVIL  HISTORY 

I  was  the  last  to  conform  to  the  separation  :  but  the  separation 
having  been  made,  and  having  become  inevitable,  I  have  always 
said  as  I  say  now,  that  I  would  be  the  first  to  meet  the  friendship 
of  the  United  States  as  an  independent  power.  The  moment  I 
see  such  sentiments  and  language  as  your's  prevail,  and  a  dispo 
sition  to  give  this  country  the  preference,  that  moment  I  shall  say, 
let  the  circumstances  of  language,  religion,  and  blood,  have  their 
natural  effect." 

After  this  answer  the  king  inquired  of  Mr.  Adams,  whether  he 
came  last  from  France  1  and  being  answered  in  the  .affirmative, 
with  his  characteristic  familiarity,  he  with  a  smile  said  to  him, 
''  there  is  an  opinion  among  some  people  that  you  are  not  the 
most  attached  of  all  your  countrymen  to  the  manners  of  France." 

Mr.  Adams,  surprised  at  the  remark,  and  not  less  so  at  the 
air  of  familiarity  with  which  it  was  made,  in  reply,  observed — 
"  that  opinion,  sir,  is  not  mistaken  ;  I  must  avow  to  your  majes 
ty,  I  have  no  attachment  but  to  my  own  country."  To  this  the 
king  immediately  said,  "  an  honest  man  will  never  have  any 
other."* 

In  December,  1785,  Mr.  Adams  presented  a  memorial  to  the 
British  secretary  of  state,  in  which,  after  stating  the  detention  of 
the  western  posts,  contrary  to  the  stipulations  in  the  treaty  of 
peace,  he  in  the  name  and  in  behalf  of  the  United  States,  requir 
ed,  u  that  all  his  majesty's  armies  and  garrisons  be  forthwith  with 
drawn  from  the  said  United  States,  from  all  and  every  of  the 
posts  and  fortresses  before  enumerated,  and  from  every  port, 
place  and  harbor,  within  the  territory  of  the  said  United  States, 
according  to  the  true  intention  of  the  treaties." 

To  this  memorial  the  British  secretary,  lord  Carmarthen, 
returned  an  answer,  on  the  28th  of  February,  1786,  in  which 
he  acknowledges  the  detention  of  the  posts,  but  alleges  a 
breach  of  the  fourth  article  of  the  treaty  of  peace  on  the  part  of 
the  United  States,  by  interposing  impediments  to  the  recovery  of 
British  debts  in  America.  "  The  little  attention,"  says  the  secre 
tary,  "  to  the  fulfilling  this  engagement  on  the  part  of  the  subjects 

*  Life  of  John  Adams.  Biography  of  the  signers  to  the  declaration  of  independence, 
vol.  8,  pp.  311,312,313. 


OF  THE  UNITED  STATES.  197 

of  the  United  States  in  general,  and  the  direct  breach  of  it  in 
many  particular  instances,  have  already  reduced  many  of  the 
king's  subjects  to  the  utmost  degree  of  difficulty  and  distress ; 
nor  have  their  applications  for  redress,  to  those  whose  situation 
in  America  naturally  pointed  them  out  as  the  guardians  of  public 
faith,  been  as  yet  successful  in  attaining  them  that  justice,  to 
which,  on  every  principle  of  law  as  well  as  humanity,  they  were 
clearly  and  indispensably  entitled. 

"  The  engagements  entered  into  by  treaty  ought  to  be  mutual 
and  equally  binding  on  the  respective  contracting  parties.  It  would 
be  the  height  of  folly  as  well  as  injustice,  to  suppose  one  party 
alone  obliged  to  a  strict  observance  of  the  public  faith,  while  the 
other  might  remain  free  to  deviate  from  its  own  engagements,  as 
often  as  convenience  might  render  such  deviation  necessary, 
though  at  the  expense  of  its  own  national  credit  and  importance. 

"  I  flatter  myself,  however,  sir,  that  justice  will  speedily  be 
done  to  British  creditors  ;  and  I  can  assure  you,  that  whenever 
America  shall  manifest  a  real  determination  to  fulfil  her  part  of 
the  treaty,  Great  Britain  will  not  hesitate  to  prove  her  sincerity 
to  co-operate  in  whatever  points  depend  upon  her,  for  carrying 
every  article  of  it  into  real  and  complete  effect." 

This  answer  was  accompanied  with  a  statement  of  the  various 
instances,  in  which  the  fourth  article  had  been  violated  by  acts 
of  the  states.  The  complaints  of  Great  Britain  also  extended  to 
breaches  of  the  fifth  and  sixth  articles  of  the  treaty,  relating  to  the 
recovery  of  certain  property  and  to  confiscations. 

The  answer  of  the  British  secretary  was  submitted  to  congress ; 
and  in  order  to  remove  the  difficulties  complained  of,  that  body, 
in  March,  1787,  unanimously  declared,  that  all  the  acts,  or  parts 
of  acts,  existing  in  any  of  the  states,  repugnant  to  the  treaty  of 
peace,  ought  to  be  repealed  ;  and  they  recommended  to  the 
states,  to  make  such  repeal  by  a  general  law.  They  at  the  same 
time  unanimously  resolved,  "  that  the  legislatures  of  the  several 
states  cannot  of  right  pass  any  act  or  acts,  for  interpreting,  ex 
plaining,  or  construing  a  national  treaty  or  any  part  or  clause  of 
it ;  nor  for  restraining,  limiting,  or  in  any  manner  impeding,  re- 


198  POLITICAL  AND  CIVIL  HISTORY 

tarding,  or  contracting  the  operation  and  execution  of  the  same  ; 
for  that  on  being  constitutionally  made,  ratified  and  published, 
they  become,  in  virtue  of  the  confederation,  part  of  the  law  of  the 
land,  and  are  not  only  independent  of  the  will  and  power  of  such 
legislatures,  but  also  binding  and  obligatory  on  them." 

A  circular  letter  to  the  states,  accompanied  these  declarations, 
in  which  congress  say,  "  we  have  deliberately  and  dispassionately 
examined  and  considered  the  several  facts  and  matters  urged  by 
Great  Britain,  as  infractions  of  the  treaty  of  peace,  on  the  part  of 
America,  and  we  regret,  that,  in  some  of  the  states,  too  little  at- 
tention  has  been  paid  to  the  public  faith  pledged  by  that  treaty."* 

In  consequence  of  this  letter,  the  states  of  New  Hampshire, 
Massachusetts,  Rhode  Island,  Connecticut,  Delaware,  Maryland, 
Virginia  and  North  Carolina,  passed  acts  complying  with  the  re 
commendations  contained  in  it.  The  operation  of  the  act  of 
Virginia,  however,  which  repealed  all  acts  preventing  the  recov 
ery  of  debts  due  to  British  subjects,  was  suspended,  until  the 
governor  of  that  state  should  issue  a  proclamation,  giving  notice- 
that  Great  Britain  had  delivered  up  the  western  posts  ;  and  was 
also  taking  measures,  for  the  further  fulfilment  of  the  treaty  of 
peace,  by  delivering  up  the  negroes  belonging  to  the  citizens  of 
that  state,  carried  away,  contrary  to  the  seventh  article  of  the 
treaty,  or  by  making  compensation  for  the  same.  Some  of  the 
states  passed  a  general  law,  repealing  afl  laws  contrary  to  the 
treaty,  merely  in  compliance  with  the  recommendation  of  con 
gress,  and  not  because  any  law  was  supposed  to  be  in  existence, 
contrary  to  the  treaty.  The  states  of  New  Jersey,  Pennsylvania 
and  Georgia  had  no  laws,  as  they  declared,  against  the  treaty. 
South  Carolina  observed,  that  the  subjects  of  Great  Britain  had 
encountered  no  other  difficulties,  or  impediments,  in  the  recovery 
of  their  debts,  than  the  citizens  of  America ;  that  such  was  the 
situation  of  the  state,  the  legislature  had  conceived  it  necessary  to 
pass  laws,  tantamount  to  shutting  the  courts.! 

Mr.  Adams  was  unable  to  obtain  any  explanation  relative  to  in 
terest  on  British  debts  during  the  war ;  and  the  question  was  left  to 

*  Journals  of  Congress,  vol.  12.  j  American  State  Papers,  vol.  12. 


OF  THE  UNITED  STATES.  199 

be  decided  by  the  American  courts;  and  in  most  instances,  the 
interest  for  that  period,  was  by  the  courts  and  juries  disallowed. 
The  secretary  of  foreign  affairs  was  of  opinion,  that  by  the  strict 
construction  of  the  fourth  article,  interest  was  to  be  allowed — 
44  The  fourth  article  of  the  treaty,"  he  observed,  "  must  be  under 
stood  not  as  reviving  or  restoring  those  debts,  but  as  consider 
ing  them  to  be  and  remain  exactly  and  precisely  in  their  pristine 
and  original  state,  both  with  respect  to  extent  and  obligation.  If 
this  conclusion  be  just,  your  secretary  can  perceive  no  ground  for 
the  singular  reasons  and  questions  that  have  prevailed  respecting 
the  payment  of  interest  claimed  by  British  creditors  in  virtue  of 
express  contracts  between  them  and  their  American  debtors. 
However  harsh  and  severe,"  he  subjoined,  "  the  exaction  of  this 
interest,  considering  the  war  and  its  effects,  may  be  and  appear, 
yet  the  treaty  must  be  taken  and  fulfilled  with  its  bitter  as  well  as 
sweets ;  and  although  we  were  not  obliged  to  accept  peace  on 
those  terms,  yet  having  so  accepted  it,  we  cannot  now  invalidate 
those  terms  and  stipulations,  nor  with  honor  or  justice  refuse  to 
comply  with  them."  The  secretary,  however,  was  of  opinion, 
that  interest  could  be  demanded  as  a  matter  of  strict  right,  in 
those  cases  only,  when  there  was  an  express  stipulation  to  pay  in 
terest  ;  that  in  other  cases,  the  equity  of  allowing  it,  during  the 
war,  must  be  left  with  juries.* 

It  was  a  question  of  new  impression,  and  it  seemed  unjust,  as 
well  as  inequitable,  to  compel  a  debtor  to  pay  interest,  during 
the  time,  when  all  intercourse  between  him  and  his  creditor  was, 
by  the  laws  of  war,  criminal.  The  British  secretary,  in  conversa 
tion  with  the  American  minister,  allowed  that  even  a  British- cred 
itor,  by  the  laws  of  England,  could  not  have  received  a  remittance 
from  his  debtor  in  America  during  the  war,  without  being  guilty 
of  high  treason.! 

The  British  court  was  not  yet  disposed  to  enter  into  any  com 
mercial  treaty  with  the  United  States.  The  ministers  were, 
no  doubt,  satisfied,  that  the  advantages  they  enjoyed  under 

*  Secret  Journals  of  Congress,  vol.  4,  pp,  212, 213- 
t  American  State  Papers,  vol.  1,  p.  384. 


200  POLITICAL  AND  CIVIL  HISTORY 

their  own  regulations,  were  greater  than  could  be  obtained  by  any 
treaty  they  could  make  with  America.  And  this  was,  probably, 
one  of  the  principal  reasons  of  their  refusal  to  enter  into  any 
such  treaty. 

As  the  British  court  declined  sending  a  minister  to  the  United 
States,  Mr.  Adams,  in  October,  1787,  at  his  request,  had  leave  to 
return  home.  Congress,  at  the  same  time,  passed  a  resolution 
expressing  their  high  sense  of  the  services  which  Mr.  Adams  had 
rendered  to  the  United  States,  in  the  execution  of  the  various  and 
important  trusts  from  time  to  time  committed  to  him,  and  pre 
senting  their  thanks  to  him  for  the  patriotism,  perseverance,  integ 
rity  and  diligence  with  which  he  had  ably  and  faithfully  served 
his  country. 

The  United  States  had  also  at  this  period  to  encounter  diffi 
culties  with  Spain  as  well  as  Great  Britain.  The  two  Floridas 
having  been  ceded  to  his  catholic  majesty,  serious  disputes  soon 
arose,  siot  only  on  the  old  subject  of  the  navigation  of  the  Missis 
sippi,  but  with  respect  to  the  boundaries  of  Louisiana,  and  the 
ceded  territory.  The  Spanish  court  still  persisted  in  its  deter 
mination  to  exclude  the  Americans  from  the  navigation  of  the 
Mississippi. 

This  determination  was  made  known  in  a  letter  from  the  Span 
ish  minister  for  the  department  of  the  Indies,  to  an  agent  in 
America,  Mr.  Rendon  ;  and  which,  in  November,  1 784,  was  com 
municated  to  congress,  by  Marbois,  the  French  charge  des  af 
faires. 

The  Spanish  agent  in  America,  was  commanded  to  give  the 
states  and  congress  to  understand,  that  "  until  the  limits  of  Lou 
isiana  and  the  two  Floridas  shall  be  settled,  they  are  not  to  ex 
pose  to  process  and  confiscation  the  vessels  which  they  destine 
to  carry  on  commerce,  on  the  river  Mississippi,  inasmuch  as  a 
treaty,  concluded  between  the  United  States  and  England,  on 
which  the  former  ground  their  pretensions  to  the  navigation  of 
that  river,  could  not  fix  limits  in  a  territory,  which  that  power 
did  not  possess,  the  two  borders  of  the  river  being  already  con- 


OF  THE  UNITED  STATES.  201 

quered  and  possessed  by  our  arms,  the  day  the  treaty  was  made, 
namely,  the  30th  of  November,  1782.* 

As  this  letter  refers  to  the  limits  of  Louisiana  as  well  as  of  the 
Floridas,  it  would  seem  that  Spain  had  not  yet  relinquished  her 
extensive  claims,  on  the  east  side  of  the  Mississippi. 

In  consequence  of  this  communication,  in  December,  1784, 
congress  declared  it  necessary  to  send  a  minister  to  Spain,  for 
the  purpose  of  adjusting  the  interfering  claims  of  the  two  nations, 
respecting  the  navigation  of  the  Mississippi,  and  other  matters 
highly  interesting  to  the  peace  and  good  understanding,  which 
ought  to  subsist  between  them.  This  was  prevented  by  the  ap 
pointment  of  Don  Diego  Gardoqui,  a  minister  from  Spain,  who 
arrived  in  the  United  States,  and  was  acknowledged  by  congress 
in  the  summer  of  1785.  Soon  after  his  arrival,  Mr.  Jay,  then  se 
cretary  of  foreign  affairs,  was  appointed  to  treat  with  the  Span 
ish  minister,  on  the  part  of  the  United  States. 

Mr.  Jay  was  at  first  instructed,  neither  to  make  nor  receive  any 
propositions,  or  enter  into  a  compact  with  the  Spanish  minister, 
without  previously  communicating  the  same  to  congress. 

Afterwards,  however,  on  the  25th  of  August,  1785,  he  was  spe 
cially  instructed,  to  insist  on  the  right  of  the  United  States  to  their 
territorial  bounds,  and  the  free  navigation  of  the  Mississippi  from 
its  source  to  the  ocean,  as  established  in  their  treaty  with  Great 
Britain  ;  and  directed  neither  to  conclude,  nor  sign  a  treaty,  until 
the  same  had  been  communicated  to  congress,  and  received  their 
approbation.  Negociations  soon  commenced  between  Mr.  Jay 
and  the  Spanish  minister.  These  were  confined  principally  to 
the  navigation  of  the  Mississippi,  and  the  northern  limits  of  West 
Florida.  It  will  be  recollected,  that  by  the  provisional  treaty 
of  November  30th,  1782,  the  southern  bounds  of  the  United 
States,  were  fixed  against  West  Florida,  in  latitude  thirty-one  de 
grees  ;  but  no  treaty  at  that  time  having  been  concluded  be 
tween  Great  Britain  and  Spain,  a  secret  article  provided,  that 

*  Secret  Journals  of  Congress,  vol.  3,  p.  517 
VOL.  II.  26 


202  POLITICAL  AND  CIVIL  HISTORY 

if  the  Floridas  should  be  restored  to  Great  Britain,  the  north  line 
of  West  Florida,  should  extend  to  the  mouth  of  the  river  Yazoov 
where  it  united  with  the  Mississippi,  and  from  thence  due  east,  to 
the  river  Apalachicola. 

In  the  course  of  the  negociation,  it  was  evident,  the  Spanish 
minister  was  acquainted  with  the  secret  article  ;  and  this  created 
no  little  difficulty,  in  the  negociation  concerning  limits. 

He  insisted,  that  the  bounds  settled  by  the  provisional  treaty, 
could  not  affect  Spain,  then  in  possession  of  the  country  by  con 
quest  ;  and  that  her  territorial  rights  must  have  been  considered 
as  reserved,  until  a  final  settlement  by  a  general  peace. 

He  claimed,  therefore,  that  as  by  the  final  treaty  of  peace, 
Great  Britain  ceded  the  Floridas  to  Spain,  the  bounds  of  West 
Florida,  extended  at  least,  as  far  north  as  when  under  the  Eng 
lish  government.  With  respect  to  the  navigation  of  the  Mis 
sissippi,  Gardoqui  declared,  that  the  king  his  master,  would  not 
permit  any  nation  to  navigate  any  part  of  that  river,  between  the 
banks  claimed  by  him.  Mr.  Jay,  insisted  on  the  right  of  the  Uni 
ted  States  to  the  free  navigation  of  that  river,  and  on  the  north 
boundary  of  West  Florida,  as  settled  by  the  proclamation  of 
October  7th,  1763. 

To  induce  the  United  States  to  yield  on  these  points,  the  Span 
ish  minister  made  certain  propositions  relative  to  commercial  in 
tercourse  between  the  two  countries  ;  the  substance  of  which 
was — 

"  1.  That  all  commercial  regulations  affecting  each  other,  shall 
be  founded  in  perfect  reciprocity.  Spanish  merchants  shall  en 
joy  all  the  commercial  privileges  of  native  merchants  in  the  Uni 
ted  States,  and  American  merchants  shall  enjoy  all  the  commer 
cial  privileges  of  native  merchants  in  the  kingdom  of  Spain  and 
in  the  Canaries  and  other  islands  belonging  and  adjacent  there 
to.  The  same  privileges  shall  extend  to  their  respective  vessels 
and  merchandise  consisting  of  the  manufactures  and  productions 
of  their  respective  countries. 

"  2.  Each  party  may  establish  consuls  in  the  countries  of  the 
other,  (excepting  such  provinces  in  Spain,  into  which  none  have 


OF  THE  UNITED  STATES.  203 

heretofore  been  admitted,  viz.,  Bilboa  and  Guipusca,)  with  such 
powers  and  privileges  as  shall  be  ascertained  by  a  particular  con 
vention. 

"  3.  That  the  bona  fide  manufactures  and  productions  of  the 
United  States,  (tobacco  only  excepted,  which  shall  continue  un 
der  its  present  regulations,)  may  be  imported  in  American  or 
Spanish  vessels,  into  any  parts  of  his  majesty's  European  domin 
ions  and  islands  aforesaid,  in  like  manner  as  if  they  were  the  pro 
ductions  of  Spain.  And  on  the  other  hand,  that  the  bona  fide 
manufactures  and  productions  of  his  majesty's  dominions  may  be 
imported  into  the  United  States,  in  Spanish  or  American  vessels, 
in  like  manner  as  if  they  were  the  manufactures  and  productions 
of  the  said  states.  And  further,  that  all  such  duties  and  imposts 
as  may  mutually  be  thought  necessary  to  lay  on  them  by  either 
party,  shall  be  ascertained  and  regulated  on  principles  of  exact 
reciprocity,  by  a  tariff  to  be  formed  by  a  convention  for  that  pur 
pose,  to  be  negociated  and  made  within  one  year  after  the  ex 
change  of  the  ratification  of  the  treaty  ;  and  in  the  mean  time, 
that  no  other  duties  or  imposts  shall  be  exacted  from  each 
others  merchants  and  ships,  than  such  as  may  be  payable  by  na 
tives  in  such  cases. 

"  4.  That  inasmuch  as  the  United  States,  from  not  having 
mines  of  gold  and  silver,  may  often  want  supplies  of  specie  for  a 
circulating  medium,  his  catholic  majesty,  as  a  proof  of  his  good 
will,  agrees  to  order  the  masts  and  timber  which  may  from  time 
to  time  be  wanted  for  his  royal  navy,  to  be  purchased  and  paid 
for  in  specie,  in  the  United  States  ;  provided  the  said  masts  and 
timber  shall  be  of  equal  quality,  and  when  brought  to  Spain,  shall 
not  cost  more  than  the  like  may  there  be  had  from  other  coun 
tries. 

"5.  It  is  agreed  that  the  articles  commonly  inserted  in  other 
treaties  of  commerce  for  mutual  and  reciprocal  convenience,  shall 
be  inserted  in  this,  and  that  this  treaty  and  every  article  therein, 

shall  continue  in  full  force  for  years,  to  be  computed  from 

the  day  of  the  date  thereof." 


204  POLITICAL  AND  CIVIL  HISTORY 

As  Mr.  Jay,  by  his  instructions,  was  not  to  conclude  a  trea 
ty,  until  the  same  was  communicated  to  congress  and  approved 
by  them,  and  was  also,  specially  directed  to  obtain  a  stipulation, 
acknowledging  the  right  of  the  United  States  to  their  territorial 
claims  and  the  free  navigation  of  the  Mississippi,  as  established  in 
their  treaty  with  Great  Britain,  he,  on  the  3d  of  August,  1786, 
submitted  to  congress  the  above  plan  ,of  a  commercial  treaty, 
and  stated  the  difficulties  in  obtaining  the  stipulation  required. 
The  nature  of  the  difficulties  on  these  important  points,  will 
best  appear  from  the  statement  made  to  congress  by  Mr.  Jay 
himself. 

"  My  attention,"  said  he,  "  is  chiefly  fixed  on  two  obstacles, 
which  at  present  divide  us,  viz.,  the  navigation  of  the  Mississippi, 
and  the  territorial  limits  between  them  and  us. 

"  My  letters  written  from  Spain,  when  our  affairs  were  the 
least  promising,  evince  my  opinion  respecting  the  Mississippi,  and 
oppose  every  idea  of  our  relinquishing  our  right  to  navigate  it.  I 
entertain  the  same  sentiments  of  that  right,  and  of  the  import 
ance  of  retaining  it,  which  I  then  did. 

"  Mr.  Gardoqui  strongly  insists  on  our  relinquishing  it.  We 
have  had  many  conferences  and  much  reasoning  on  the  subject, 
not  necessary  now  to  detail.  His  concluding  answer  to  all  my 
arguments  has  steadily  been,  that  the  king  will  never  yield  that 
point,  nor  consent  to  any  compromise  about  it  ;  for  that  it  al 
ways  has  been  and  continues  to  be,  one  of  their  maxims  of  poli 
cy,  to  exclude  all  mankind  from  their  American  shores. 

"  I  have  often  reminded  him  that  the  adjacent  country  was  fil 
ling  fast  with  people  ;  and  that  the  time  must  and  would  come, 
when  they  would  not  submit  to  seeing  a  fine  river  flow  before 
their  doors,  without  using  it  as  a  highway  to  the  sea  for  the  trans- 
of  their  productions  ;  that  it  would  therefore  be  wise  to 
forward  to  that  event,  and  take  care  not  to  sow  in  the  treaty 
%ny*$£eds  of  future  discord.  lie  said  that  the  time  alluded  to  was 
%r.  .(Jistant  ;  and  that  treaties  were  not  to  provide  for  contin- 
gences  so  remote  and  future.  For  his  part,  he  considered  the 


OF  THE  UNITED  STATES.  205 

rapid  settlement  of  that  country  as  injurious  to  the  states,  and 
that  they  would  find  it  necessary  to  check  it.  Many  fruitless  ar 
guments  passed  between  us  ;  and  though  he  would  admit  that 
the  only  way  to  make  treaties  and  friendship  permanent,  was  for 
neither  party  to  leave  the  other  any  thing  to  complain  of;  yet  he 
would  still  insist  that  the  Mississippi  must  be  shut  against  us.  The 
truth  is,  that  courts  never  admit  the  force  of  any  reasoning  or  ar 
guments  but  such  as  apply  in  their  favor ;  and  it  is  equally  true, 
that  even  if  our  right  to  that  navigation  or  to  any  thing  else,  was 
expressly  declared  in  holy  writ,  we  should  be  able  to  provide  for 
it  no  otherwise,  than  by  being  in  a  capacity  to  repel  force  by 
force. 

"  Circumstanced  as  we  are,"  Mr.  Jay  added,  "  I  think  it  would 
be  expedient  to  agree  that  the  treaty  should  be  limited  to  twenty 
five  or  thirty  years,  and  that  one  of  the  articles  should  stipulate 
that  the  United  States  would  forbear  to  use  the  navigation  of 
that  river  below  their  territories  to  the  ocean.  Thus  the  duration 
of  the  treaty  and  of  the  forbearance  in  qusetion  should  be  limited 
to  the  same  period. 

"  Whether  Mr.  Gardoqui,"  Mr.  Jay  subjoined,  "  would  be  con 
tent  with  such  an  article,  I  cannot  determine ;  my  instructions 
restraining  me  from  ever  sounding  him  respecting  it.  I  never 
theless  think  the  experiment  worth  trying,  for  several  reasons." 

Among  other  reasons  Mr.  Jay  stated,  that  the  navigation  of  the 
Mississippi  was  not  at  that  time  very  important,  and  would  not 
probably  become  so,  in  less  than  twenty  five  or  thirty  years, 
and  that  a  forbearance  to  use  it,  while  it  was  not  wanted,  was  no 
great  sacrifice — that  Spain  then  excluded  the  people  of  the  Unit 
ed  States  from  that  navigation,  and  that  it  could  only  be  acquired 
by  war,  for  which  the  United  States  were  not  then  prepared : 
and  that  in  case  of  war,  France  would  no  doubt  join  Spain. 

Congress  were  much  divided  on  this  interesting  subject.  The 
seven  states  at  the  north,  including  Pennsylvania,  were  disposed, 
in  case  a  treaty  could  not  otherwise  be  made,  to  forbear  the  use 
of  the  navigation  of  the  Mississippi  below  the  southern  boundary 
of  the  United  States,  for  a  limited  time,  and  a  resolution  was  sub- 


206  POLITICAL  AND  CIVIL  HISTORY 

rnitted  to  congress  repealing  Mr.  Jay's  instructions  of  the  25th  of 
August,  1785,  and  which  was  carried,  seven  states  against  five. 

An  additional  resolution  was  also  proposed,  directing  Mr.  Jay 
"  that  if  in  the  course  of  his  negotiations  with  the  minister  of  his 
catholic  majesty,  it  shall  be  found  indispensable  for  the  conclu 
sion  of  the  same,  that  the  United  States  and  their  citizens,  for 
a  limited  time,  should  forbear  to  use  so  much  of  the  river  Missis 
sippi,  as  is  south  of  the  southern  boundary  of  the  United  States, 
the  said  secretary  be  and  hereby  is  authorized  and  directed,  in 
behalf  of  the  United  States,  to  consent  to  an  article  or  articles, 
stipulating  on  their  part  and  that  of  their  citizens,  a  forbearance 
of  the  use  of  the  said  river  Mississippi  for  a  period  not  exceed 
ing  twenty  years,  from  the  point  where  the  southern  boundary  of 
the  United  States  intersects  the  said  river,  to  its  mouth  or  the 
ocean."  This,  however,  was  to  be  on  the  express  condition,  that 
a  stipulation  of  forbearance,  should  not  be  construed  to  extin 
guish  the  right  of  the  United  States,  independent  of  such  stipula 
tion,  to  use  and  navigate  said  river  from  its  source  to  the  ocean ; 
and  that  such  stipulation  was  not  to  be  made,  unless  it  should  be 
agreed  in  the  same  treaty  that  the  navigation  and  use  of  the  said 
river  above  such  intersection  to  its  source  should  be  common  to 
both  nations — and  Mr.  Jay  was  to  make  no  treaty  unless  the 
terrtiorial  limits  of  the  United  States,  were  acknowledged  and 
secured  according  to  the  terms  ageed  between  the  United  States 
and  Great  Britain. 

The  members  from  the  states  of  New  Hampshire,  Massachusetts, 
Rhode  Island,  Connecticut,  New  York,  New  Jersey  and  Penn 
sylvania,  unanimously  voted  for  this  resolution,  and  the  members 
from  Maryland,  Virginia,  North  Carolina,  South  Carolina  and 
Georgia,  with  equal  unanimity  against  it.  As  by  the  confedera 
tion  the  assent  of  nine  states  was  necessary  in  making  a  treaty 
the  same  number  was  considered  requisite  in  giving  specific  in 
structions  in  relation  to  it,  and  of  course  the  resolution  was 
negatived ;  and  it  was  questioned  whether  the  previous  instruc 
tions  given  to  Mr.  Jay  could  be  rescinded  without  the  assent  of 
nine  states.  These  proceedings  in  congress,  though,  with  clos- 


OF  THE  UNITED  STATES.  207 

ed  doors,  soon  became  partially  known,  and  excited  great  alarm 
in  Virginia,  and  in  the  western  settlements.  In  November,  1786' 
in  consequence  of  a  memorial  from  the  western  inhabitants,  the 
Virginia  assembly  declared,  unanimously,  that  the  common  right 
of  navigating  the  Mississippi,  and  of  communicating  with  other 
nations  through  that  channel,  was  considered  as  the  bountiful 
gift  of  nature  to  the  United  States,  as  proprietors  of  the  territo 
ries  watered  by  the  said  rivers  and  its  eastern  branches — that  the 
confederacy  having  been  formed  on  the  broad  basis  of  equal 
rights  in  every  part  thereof,  and  confided  to  the  protection  and 
gardianship  of  the  whole,  a  sacrifice  of  the  rights  of  any  one 
part,  would  be  a  flagrant  violation  of  justice,  and  a  direct  contra 
vention  of  the  end  for  which  the  federal  government  was  institut 
ed,  and  an  alarming  innovation  on  the  system  of  the  union.  They 
therefore  unanimously  instructed  their  delegates  in  congress, "  to 
oppose  any  attempt  that  may  be  made  in  congress,  to  barter 
or  surrender  to  any  nation  whatever,  the  right  of  the  United 
States  to  the  free  and  common  use  of  the  river  Mississippi ;  and 
to  protest  against  the  same  as  a  dishonorable  departure  from  that 
comprehensive  and  benevolent  feeling  which  constitutes  the  vital 
principle  of  the  confederation  ;  as  provoking  the  just  resentment 
and  reproaches  of  our  western  brethren,  whose  essential  rights 
and  interests,  would  be  thereby  sacrificed  and  sold  ;  as  destroy 
ing  that  confidence  in  the  wisdom,  justice  and  liberality,  of  the 
federal  councils,  which  is  so  necessary  at  this  crisis,  to  a  proper 
enlargement  of  their  authority  ;  and  finally  as  tending  to  under 
mine  our  repose,  our  prosperity,  and  our  union  itself:  and  also 
that  said  delegates  be  further  instructed  to  urge  the  proper  nego- 
ciations  with  Spain,  for  obtaining  her  concurrence  in  such  regu 
lations  touching  the  mutual  and  common  use  of  the  said  river,  as 
may  secure  the  harmony  and  affection  of  the  two  nations,  and 
such  as  the  wise  and  generous  policy  of  his  catholic  majesty  will 
perceive  to  be  no  less  due  to  the  interests  of  his  own  subjects, 
than  to  the  just  and  friendly  views  of  the  United  States."* 

After  Mr.  Jay's  instructions  of  the  25th  of  August,  1785,  were 
rescinded,  negociations  were  renewed,  but  without  effect.     The 

*  H.  Marshall's  History  of  Kentucky,  vol.  1,  p.  262. 


208  POLITICAL  AND  CIVIL  HISTORY 

Spanish  minister  still  refused  to  admit  the  United  States  to  any 
share  in  the  navigation  of  the  river  below  the  boundaries  claimed 
by  Spain,  on  any  terms  and  conditions  whatever.  With  respect  to 
limits  Mr.  Jay  could  only  obtain  from  him  an  intimation,  that  if 
all  other  matters  were  adjusted,  he  might  give  up  all  claim  to  the 
territory  not  comprehended  within  the  Floridas  as  ascertained  by 
the  separate  and  secret  article  in  the  British  treaty.* 

While  these  negociations  were  pending,  the  fertile  country  at 
the  west  was  settling  with  a  rapidity  beyond  the  most  sanguine 
calculations ;  and  it  is  not  surprising,  that  the  news  of  an  actual 
or  intended  abandonment  of  the  navigation  of  the  Mississippi, 
the  only  outlet  for  their  productions,  should  have  excited  great 
alarm  among  its  inhabitants.  They  were  much  exasperated 
by  the  seizure  and  confiscation  of  American  property  by  the  Span 
iards,  on  its  way  down  the  river,  which  took  place  about  the  same 
time.  The  proposition  made  in  congress  was  magnified  into 
an  actual  treaty,  and  called  from  the  western  people  most  bitter 
complaints  and  reproaches. 

In  December,  1786,  a  settler  at  the  falls  of  Ohio,  in  a  letter  to 
the  governor  and  legislature  of  Georgia  says,  "  The  commercial 
treaty  with  Spain  is  considered  to  be  cruel,  oppressive  and  un 
just.  The  prohibition  of  the  navigation  of  the  Mississippi  has 
astonished  the  whole  western  country.  To  sell  us  and  make  us 
vassals  to  the  merciless  Spaniards,  is  a  grievance  not  to  be  borne. 
Should  our  country  submit  to  such  manacles,  we  should  be  un 
worthy  the  name  of  Americans,  and  a  scandal  to  the  annals  of 
its  history.  It  is  very  surprising  to  every  rational  person  that  the 
legislature  of  the  United  States,  which  has  been  so  applauded 
for  their  assertion  and  defense  of  its  rights  and  privileges,  should 
so  soon  endeavor  to  subjugate  the  greatest  part  of  their  domin 
ions  even  to  a  worse  slavery  than  ever  Great  Britain  presumed  to 
subjugate  any  of  hers.  Ireland  is  a  free  country  to  what  this  wilt 
be,  when  its  navigation  is  entirely  shut  ;  we  may  as  well  be  sold 
for  bondmen  as  to  have  the  Spaniards  share  all  the  benefits  of 

*  Secret  Journals  of  Congress,  vol.  4,  p.  300. 


OF  THE  UNITED  STATES,  209 

our  toils.  They  will  receive  all  the  fruits,  the  produce  of  this  large 
and  fertile  country  at  their  own  price  (which  you  may  be  assured 
will  be  very  low)  and  therefore  will  be  able  to  supply  their  own 
markets  and  all  the  markets  of  Europe  on  much  lower  terms  than 
what  the  Americans  possibly  can." 

A  copy  of  this  letter  and  others  of  a  similar  character,  were 
laid  before  congress.  To  quiet  the  apprehensions  of  the  western 
inhabitants,  the  delegates  from  North  Carolina,  in  September, 
1788,  submitted  to  congress  a  resolution,  declaring  that,  "  where 
as  many  citizens  of  the  United  States,  who  possess  lands  on  the 
western  waters,  have  expressed  much  uneasiness  from  a  report 
that  congress  are  disposed  to  treat  with  Spain  for  the  surrender 
of  their  claim  to  the  navigation  of  the  river  Mississippi ;  in  order 
therefore  to  quiet  the  minds  of  our  fellow  citizens  by  removing 
such  ill  founded  apprehensions,  resolved,  that  the  United  States 
have  a  clear,  absolute,  and  unalienable  claim  to  the  free  naviga 
tion  of  the  river  Mississippi,  which  claim  is  not  only  supported  by 
the  express  stipulations  of  treaties,  but  by  the  great  law  of  na 
ture." 

The  secretary  of  foreign  affairs,  to  whom  this  resolution  was 
referred,  reported,  that  as  the  rumor  mentioned  in  the  resolution 
was  not  warranted  by  the  negociations  between  the  United 
States  and  Spain,  the  members  be  permitted  to  contradict  it,  in 
the  most  explicit  terms.  Mr.  Jay  also  stated,  there  could  be  no 
objection  to  declaring  the  right  of  the  United  States  to  the  navi 
gation  of  the  river  clear  and  absolute — that  this  had  always  been 
his  opinion ;  and  that  the  only  question  had  been,  whether  a 
modification  of  that  right  for  equivalent  advantages,  was  advisa 
ble  ;  and  though  he  formerly  thought  such  a  modification  might 
be  proper,  yet  that  circumstances  and  discontents  had  since  in 
terposed  to  render  it  questionable.  He,  also,  advised  that  further 
negociations  with  Spain,  be  transferred  to  the  new  general  gov 
ernment.  On  this  report,  congress,  on  the  16th  of  September, 
1788,  in  order  to  remove  the  apprehensions  of  the  western  set 
tlers,  declared  that  the  members  be  permitted  to  contradict  the 
report  referred  to  by  the  delegates  from  North  Carolina  ;  and  at 

VOL.  II.  27 


210  POLITICAL  AND  CIVIL  HISTORY 

the  same  time  resolved,  "  that  the  free  navigation  of  the  river 
Mississippi,  is  a  clear  and  essential  right  of  the  United  States,  and 
that  the  same  ought  to  be  considered  and  supported  as  such." 

All  further  negociations  with  Spain,  were  also,  referred  to  the 
new  federal  government.* 

The  people  of  the  United  States  had  viewed  the  western  lands 
as  a  fund  to  aid  in  the  payment  of  the  national  debt.  Congress, 
therefore,  in  April,  1783,  called  upon  those  states,  who  had  not 
yet  complied  with  their  former  requests  on  this  subject,  to  make 
liberal  cessions  of  their  territorial  claims ;  and  also  requested 
those  who  had  only  complied  in  part,  "  to  revise  and  complete 
such  compliance,  as  a  further  means,"  they  said,  "  as  well  as  of 
hastening  the  extinguishment  of  the  debt,  as  establishing  the 
harmony  of  the  United  States." 

Virginia,  as  we  have  before  stated,  ceded  her  right  to  all  lands 
northwest  of  the  river  Ohio  ;  but  one  of  the  conditions  of  the  ces 
sion  was,  that  congress  should  guaranty  all  the  other  lands  she 
claimed  between  the  Atlantic  ocean  and  the  south  east  side  of 
the  river  Ohio,  and  the  Maryland,  Pennsylvania,  and  North  Car 
olina  boundaries.  Some  of  the  states  did  not  consider  the  ces 
sion  sufficiently  liberal,  and  a  great  majority  in  congress  refused 
to  accept  it,  with  the  condition  of  guaranty  annexed.  Virginia 
afterwards,  gave  up  this  condition,  and  the  cession  from  that  state 
was  accepted.  By  the  cession  of  New  York,  the  western  bounds 
of  that  state  were  limited  by  "  a  line  from  the  north  east  corner 
of  the  state  of  Pennsylvania,  along  the  north  bounds  thereof,  to 
its  north  west  corner,  continued  due  west  until  it  shall  be  inter 
sected  by  a  meridian  line,  to  be  drawn  from  the  forty-fifth  degree 
of  north  latitude,  through  a  point  twenty  miles  due  west  from  the 
most  westerly  bent  or  inclination  of  the  river  or  strait  of  Niagara  ; 
thence  by  the  said  meridian  line,  to  the  forty-fifth  degree  of  north 
latitude,  thence  by  the  said  forty-fifth  degree  of  north  latitude." 
Massachusetts,  by  her  deed  of  cession,  made  in  April,  1785, 
surrendered  her  right  to  all  lands  west  of  the  line,  fixed  by 

*  Secret  Journals  of  Congress,  vol.  4,  pp.  452,  453. 


OF  THE  UNITED  STATES.  211 

New  York.  Connecticut,  in  September,  1784,  ceded  all  lands 
in  their  charter  limits,  lying  one  hundred  and  twenty  miles  west 
of  the  western  boundary  of  Pennsylvania.  South  Carolina,  in 
August,  1787,  granted  to  the  United  States,  all  her  right  to  the 
country  west  of  the  ridge  or  chain  of  mountains,  which  divides 
the  eastern  from  the  western  waters. 

In  consequence  of  these  cessions,  the  United  States  became 
possessed  of  all  the  lands  north  west  of  the  Ohio  ;  and  the  estab 
lishment  of  a  government  for  the  inhabitants  already  settled,  as 
well  as  those  who  might  remove  there,  became  necessary. 

Congress,  therefore,  in  July,  1 787,  established  an  ordinance  for 
the  government  of  this  territory.  This  ordinance  is  the  basis  of 
the  governments  established  by  congress,  in  all  the  territories  of 
the  United  States  ;  and  may  be  considered  an  anomaly,  in  Amer 
ican  legislation.  The  whole  territory  was  made  one  district,  sub 
ject  to  be  divided  into  two,  at  the  pleasure  of  congress. 

With  respect  to  the  mode  of  governing  the  settlers  in  this  ter 
ritory  or  colony,  the  ordinance  provided,  that  until  the  num 
ber  of  free  male  inhabitants  of  full  age,  in  the  district,  should 
amount  to  five  thousand,  the  legislative,  executive  and  judi 
cial  power,  should  be  vested  in  a  governor  and  three  judges, 
who,  together  with  a  secretary,  were  to  be  appointed  by  congress. 
The  governor  was  to  remain  in  office  three  years,  and  the  judges 
during  good  behavior.  The  governor  with  the  judges  were 
empowered  to  adopt  and  publish,  such  laws  of  the  original 
states  criminal  and  civil,  as  might  be  necessary  and  best  suit 
ed  to  the  circumstances  of  the  district,  and  report  them  to 
congress  ;  such  laws  to  be  in  force,  until  disapproved  by  that 
body.  The  governor  was  empowered  to  divide  the  district  into 
counties  or  townships,  and  to  appoint  all  civil  officers.  As  soon 
as  the  free  male  inhabitants  of  full  age,  should  amount  to  five 
thousand,  a  general  assembly  was  to  be  constituted,  to  consist  of 
the  governor,  a  legislative  council,  and  house  of  representatives. 
The  representatives  to  be  chosen  from  the  counties  or  townships, 
one  for  every  five  hundred  free  male  inhabitants,  until  the  num 
ber  should  amount  to  twenty-five ;  after  that,  the  number  to  be 


212  POLITICAL  AND  CIVIL  HISTORY 

regulated  by  the  legislature.  A  representative  must  have  been  a 
citizen  of  one  of  the  United  States  for  three  years,  and  be  a  resi 
dent  in  the  district,  or  have  resided  three  years  in  the  district ; 
in  either  case,  to  have  the  fee-simple  of  two  hundred  acres  of 
land  in  the  district.  An  elector  was  to  reside  in  the  district,  have 
a  freehold  in  fifty  acres  of  land  therein,  and  be  a  citizen  of  one 
of  the  states,  or  a  like  freehold,  and  two  years  residence.  The 
representatives  to  be  chosen  for  two  years. 

The  legislative  council  was  to  consist  of  five  persons,  to  con 
tinue  in  office  five  years,  unless  sooner  removed  by  congress,  cho 
sen  in  the  following  manner — the  house  of  representatives  to  nom 
inate  ten  persons,  each  possessed  of  a  freehold  in  five  hundred 
acres  of  land — out  of  this  number,  congress  were  to  appoint  five 
to  constitute  the  council.  The  general  assembly  had  power  to 
make  laws,  for  the  government  of  the  district,  not  repugnant  to 
the  ordinance.  All  laws  to  have  the  sanction  of  a  majority  of 
both  houses,  and  also  the  assent  of  the  governor.  The  legisla 
tive  assembly,  were  authorized  by  joint  ballot,  to  elect  a  delegate 
who  was  to  have  a  seat  in  congress,  with  the  right  of  debating, 
but  not  of  voting. 

It  was  necessary,  also,  to  establish  certain  principles,  as  the 
basis  of  the  laws,  constitutions,  and  governments,  which  might 
be  formed  in  the  territory,  as  well  as  to  provide  for  its  fu 
ture  political  connection  with  the  American  confederacy. 
Congress,  therefore,  at  the  same  time,  established  certain  ar 
ticles,  which  were  to  be  considered  as  articles  of  compact, 
between  the  original  states  and  the  people  in  the  territory,  and 
which  were  to  remain  unalterable,  unless  by  common  consent. 
By  these,  no  person  in  the  territory  was  ever  to  be  molest 
ed,  on  account  of  his  mode  of  worship,  or  religious  sentiments  ; 
and  every  person  was  entitled  to  the  benefits  of  the  writ  of  ha- 
be'as  corpus,  trial  by  jury,  and  all  those  other  fundamental  rights, 
usually  inserted  in  American  bills  of  rights.  Schools  and  the 
means  of  education  were  forever  to  be  encouraged,  and  the  ut 
most  good  faith  to  be  observed  towards  the  Indians  ;  particularly 
their  lands  and  property  were  never  to  be  taken  from  them,  with- 


OF  THE  UNITED  STATES.  213 

out  their  consent.  The  territory,  and  the  states  that  might  be 
formed  therein,  were  forever  to  remain  a  part  of  the  American 
confederacy  ;  but  not  less  than  three,  nor  more  than  five  states 
were  to  be  established. 

The  bounds  of  these  states  were  fixed,  with  liberty  for  congress 
to  alter  them  by  forming  one  or  two  new  states  in  that  part  of 
the  territory  lying  north  of  an  east  and  west  line  drawn  through 
the  southern  bend,  or  extreme  of  lake  Michigan.  It  was  also  pro 
vided,  that  whenever  in  any  of  those  states,  there  should  be  sixty 
thousand  free  inhabitants,  such  state  was  to  be  admitted  into  the 
union,  on  the  same  footing  with  the  original  states  in  all  respects 
whatever ;  and  be  at  liberty  to  form  a  permanent  constitution 
and  state  government ;  such  constitution  and  government,  how 
ever,  was  to  be  republican,  and  conformable  to  the  principles  of 
the  articles.  If  consistent  with  the  general  interest  of  the  con 
federation,  such  state,  however,  might  be  admitted  as  a  member 
of  the  union,  with  a  less  number  than  sixty  thousand  free  inhabit 
ants. 

By  the  sixth  and  last  article  it  was  provided,  there  should  be 
neither  slavery  or  involuntary  servitude  in  the  territory,  other 
wise  than  in  the  punishment  of  crimes,  of  which  the  party  should 
have  been  duly  convicted.*  In  consequence  of  this  last  wise 
and  salutary  provision,  the  evil  of  slavery  has  been  prevented  in 
all  the  new  states  formed  out  of  this  territory  north  and  west  of 
the  river  Ohio.t 

While  congress  were  thus  forming  a  government  for  the  terri 
tory,  and  laying  the  foundation  of  future  new  states  at  the  west, 
they  had  lost  all  authority  over  the  old  states  at  the  east.  Many 
causes  combined,  at  this  period,  to  produce  great  distress,  discon 
tent  and  disaffection  in  different  parts  of  the  union.  The  gene 
ral  government,  as  before  stated,  was  totally  inefficient,  and  the 
authority  of  the  state  governments  greatly  weakened,  and  in 
some  instances  almost  destroyed. 

In  addition  to  the  debts  of  the  union,  the  states  individually  had 
also  incurred  large  debts  during  the  war,  for  the  payment  of  which 

*  Mr-  Dane,  of  Massachusetts,  it  is  said  was  the  author  of  this  article,     f  Note  IS. 


214  POLITICAL  AND  CIVIL  HISTORY 

they  were  called  upon  by  their  creditors.  Immediately  after 
peace,  in  consequence  of  large  importations  of  foreign  goods, 
particularly  from  Great  Britain,  large  debts  were  contracted  by 
individuals,  and  which,  from  the  want  of  internal  as  well  as  exter 
nal  resources,  they  were  unable  to  pay.  The  people  were  pres 
sed  at  the  same  time  for  the  payment  of  the  debts  of  the  union, 
of  the  individual  states,  and  of  their  own  private  debts.  The 
courts  of  justice,  which  had  been  shut  during  the  war,  were  filled 
with  private  suits.  Under  these  circumstances,  some  of  the 
states  had  recourse  to  the  desperate  expedient  of  paper  money  ; 
others  made  personal  property  a  tender,  at  an  appraised  value,  in 
satisfaction  of  debts  ;  and  in  Massachusetts,  not  only  were  the 
judges  in  several  counties  prevented  from  holding  courts,  but  the 
government  itself,  in  other  respects,  set  at  defiance,  by  an  open 
and  formidable  insurrection  of  the  people. 

The  enemies  of  the  revolution,  who  had  predicted  that  the 
Americans,  when  separated  from  their  parent  country,  would  be 
unable  to  govern  themselves,  but  fall  into  confusion,  now  secretly 
rejoiced  at  the  verification  of  their  predictions.  Its  friends  began 
almost  to  despair  of  the  commonwealth,  and  at  times  were  led  to 
doubt,  whether  the  people  of  America  were  indeed  capable  of 
self-government. 

The  only  remedy  that  promised  relief,  was  an  essential  altera 
tion  in  the  national  compact.  No  amendments,  however,  could 
be  made  to  the  confederation,  without  the  assent  of  every  state 
in  the  union.  Experience  had  proved  that  no  relief  could  be  ex 
pected  from  this  quarter. 

The  state  of  American  affairs  at  this  period,  is  depicted  in 
gloomy  colors,  by  some  of  the  great  actors  in  the  revolution,  in 
their  communications  with  each  other ;  and  the  views  and  feel 
ings  of  such  men  as  have  been  styled  "  the  guide-posts  and  land 
marks  in  a  state,"  at  such  a  crisis,  become  extremely  interesting. 

As  early  as  1784,  general  Washington  in  a  letter  to  the  gov 
ernor  of  Virginia,  referring  to  the  want  of  power  in  the  federal 
government,  says,  "  the  disinclination  of  the  individual  states  to 
yield  competent  powers  to  congress  for  the  federal  government, 


OF  THE  UNITED  STATES.  215 

their  unreasonable  jealousy  of  that  body,  and  of  one  another,  and 
the  disposition  which  seems  to  pervade  each,  of  being  all-wise 
and  all-powerful  within  itself,  will,  if  there  is  not  a  change  in  the 
system,  be  our  downfall  as  a  nation.  This  is  as  clear  to  me,  as 
A,  B,  C,  and  I  think  we  have  opposed  Great  Britain,  and  have 
arrived  at  the  present  state  of  peace  and  independency  to  very 
little  purpose,  if  we  cannot  conquer  our  own  prejudices.  The 
powers  of  Europe  begin  to  see  this,  and  our  newly  acquired 
friends,  the  British,  are  already  acting  upon  this  ground  ;  and 
wisely  too,  if  we  are  determined  in  our  folly.  They  know  that 
individual  opposition  to  their  measures  is  futile,  and  boast  that 
we  are  not  sufficiently  united  as  a  nation  to  give  a  general  one  ! 
Is  not  the  indignity  alone  of  this  declaration,  while  we  are  in  the 
act  of  peacemaking  and  reconciliation,  sufficient  to  stimulate  us 
to  vest  more  extensive  and  adequate  powers  in  the  sovereigns  of 
of  these  United  States?"* 

Mr.  Jay,  in  a  letter  to  general  Washington,  in  March,  1786, 
observed,  "  you  have  wisely  retired  from  public  employments,  and 
view,  from  the  temple  of  fame,  the  various  exertions  of  that  sove 
reignty  and  independence,  which  providence  has  enabled  you  to 
be  so  greatly  and  gloriously  instrumental,  in  securing  to  your 
country ;  yet  I  am  persuaded,  you  cannot  view  them  with  the 
eye  of  an  unconcerned  spectator.  Experience  has  pointed  out 
errors  in  our  national  government,  which  call  for  correction,  and 
which  threaten  to  blast  the  fruit  we  expected  from  our  tree  of 
liberty.  The  convention  proposed  by  Virginia,  may  do  some 
good,  and  would,  perhaps,  do  more,  if  it  comprehended  more 
objects.  An  opinion  begins  to  prevail,  that  a  general  convention 
for  revising  the  articles  of  confederation,  would  be  expedient. 
Whether  the  people  are  yet  ripe  for  such  a  measure,  or  whether 
the  system  proposed  to  be  obtained  by  it,  is  only  to  be  expected 
from  calamity  and  commotion,  is  difficult  to  ascertain. 

"I  think  we  are  in  a  delicate  situation,  and  a  variety  of  con 
siderations  and  circumstances,  give  me  uneasiness.     It  is  in  con 
templation  to  take  measures  for  forming  a  general  convention. 
*  North  American  Review  for  October,  1827,  p.  259. 


216  POLITICAL  AND  CIVIL  HISTORY 

The  plan  is  not  matured.  If  it  should  be  well  concerted  and  take 
effect,  I  am  fervent  in  wishes,  that  it  may  comport  with  the  line 
of  life  you  have  marked  out  for  yourself,  to  favor  your  country 
with  your  councils,  on  such  an  important  and  single  occasion.  I 
suggest  this,  merely  as  a  hint  for  your  consideration." 

In  a  second  letter  to  general  Washington,  in  June  of  the  same 
year,  his  feelings  and  views  are  thus  expressed.  "  Our  affairs 
seem  to  lead  to  some  crisis,  some  revolution,  something  that  I 
cannot  foresee  or  conjecture.  I  am  uneasy  and  apprehensive, 
more  so  than  during  the  war.  Then  we  had  a  fixed  object,  and 
though  the  means  and  time  of  obtaining  it,  were  often  problem 
atical,  yet  I  did  firmly  believe,  that  justice  was  with  us.  The 
case  is  now  altered.  We  are  going  and  doing  wrong,  and,  there 
fore,  I  look  forward  to  evils  and  calamities,  but  without  being 
able  to  guess  at  the  instrument,  nature  or  measure  of  them.  That 
we  shall  again  recover,  and  things  again  go  well,  I  have  no  doubt. 
Such  a  variety  of  circumstances  would  not,  almost  miraculously, 
have  combined  to  liberate  and  make  us  a  nation,  for  transient 
and  unimportant  purposes.  I,  therefore,  believe,  we  are  yet  to 
become  a  great  and  respectable  people — but  when  and  how,  only 
the  spirit  of  prophecy  can  discern. 

"  What  I  most  fear,"  he  added, "  is,  that  the  better  kind  of  peo 
ple  (by  which  I  mean  the  people,  who  are  orderly  and  industri 
ous,  who  are  content  with  their  situation,  and  not  uneasy  in  their 
circumstances)  will  be  led,  by  the  insecurity  of  property,  the  loss 
of  confidence  in  their  rulers,  and  the  want  of  public  faith  and  rec 
titude,  to  consider  the  claims  of  liberty  as  imaginary  and  delusive. 
This  state  of  uncertainty  and  fluctuation  must  disgust  and  alarm 
such  men,  and  prepare  their  minds  for  almost  any  change  that 
may  promise  them  quiet  and  security." 

"  Your  statements,"  said  general  Washington,  in  reply  to  these 
communications,  "  that  our  affairs  are  drawing  rapidly  to  a  crisis, 
accord  with  my  own.  What  the  event  will  be,  is  also  beyond 
my  foresight.  We  have  errors  to  correct ;  we  have,  probably, 
had  too  good  an  opinion  of  human  nature,  informing  our  confed 
eration.  Experience  has  taught  us.  that  men  will  not  adopt  and 


OF  THE  UNITED  STATE  S.  3 1 7 

carry  into  execution  measures  the  best  calculated  for  their  own 
good,  without  the  intervention  of  coercive  power. 

"  I  do  not  conceive,  we  can  exist  long  as  a  nation,  without 
lodging  somewhere,  a  power,  which  will  pervade  the  whole  un 
ion,  in  as  energetic  a  manner,  as  the  authority  of  the  state  gov 
ernments  extend  over  the  several  states.  To  be  fearful  of  invest 
ing  congress,  constituted  as  that  body  is,  with  ample  authority  for 
national  purposes,  appears  to  me,  the  climax  of  popular  absurdi 
ty  and  madness.  Could  congress  exert  this,  for  the  detriment  of 
the  people,  without  injuring  themselves,  in  an  equal,  or  greater 
proportion  ?  Are  not  their  interests  inseparably  connected  with 
those  of  their  constituents  ? 

"  By  the  rotation  of  appointment,  must  they  not  mingle  fre 
quently  with  the  mass  of  citizens  ?  Is  it  not  rather  to  be  appre 
hended,  if  they  were  possessed  of  the  powers  before  described, 
that  the  individual  members  would  be  induced  to  use  them,  on 
many  occasions,  very  timidly  and  inefficiently,  for  fear  of  losing 
their  popularity  and  future  election  ?  We  must  take  human  na 
ture  as  we  find  it ;  perfection  falls  not  to  the  share  of  mortals. 
Many  are  of  opinion,  that  congress  have  too  frequently  made 
use  of  the  suppliant  humble  tone  of  requisition  in  their  applica 
tions  to  the  states,  when  they  had  a  right  to  assert  their  imperial 
dignity,  and  command  obedience.  Be  this  as  it  may,  requisitions 
are  a  perfect  nullity,  when  thirteen  sovereign,  independent  and 
disunited  states,  are  in  the  habit  of  discussing  and  refusing  them, 
at  their  option.  Requisitions  are  actually  little  better  than  a  jest 
and  a  bye-word  throughout  the  land.  If  you  tell  the  legislatures 
they  have  violated  the  treaty  of  peace,  and  invaded  the  preroga 
tives  of  the  confederacy,  they  will  laugh  in  your  face.  What  then 
is  to  be  done  ?  It  is  much  to  be  feared,  as  you  observe,  that  the 
better  kind  of  people,  being  disgusted  with  these  circumstances, 
will  have  their  minds  prepared  for  any  revolution  whatever. 

"  We  are  apt  to  run  from  one  extreme  into  another.  To  anti 
cipate  and  prevent  disastrous  contingences,  would  be  the  part  of 
wisdom  and  patriotism. 

VOL.  II.  28 


218  POLITICAL  AND  CIVIL  HISTORY 

"  What  astonishing  changes,  a  few  years  are  capable  of  pro 
ducing  ?  I  am  told  that  even  respectible  characters  speak  of  a 
monarchial  form  of  government,  without  horror.  From  thinking 
proceeds  speaking,  thence  to  acting  is  often  but  a  single  step. 
But  how  irrevocable  and  tremendous  !  What  a  triumph  for  our 
enemies  to  verify  their  predictions  !  what  a  triumph  for  the  advo 
cates  of  despotism,  to  find  that  we  are  incapable  of  governing 
ourselves,  and  that  systems  founded  on  the  basis  of  equal  liberty, 
are  merely  ideal  and  fallacious  ?  Would  to  God,  that  wise  meas 
ures  may  be  taken  in  time  to  avert  the  consequences,  we  have  but 
too  much  reason  to  apprehend."*  The  convention  alluded  to  by 
Mr.  Jay,  originated  in  Virginia. 

In  January,  1786,  the  legislature  of  that  state  appointed  a  num 
ber  of  gentlemen,  "to  meet  such  commissioners  as  were,  or  might 
be   appointed  by  the  other  states  in  the  union,  at  such  time  and 
place  as  should  be  agreed  upon  by  said  commissioners,  to  take 
into  consideration  the  trade  and  commerce  of  the  United  States  ; 
to  consider  how  far  an  uniform  system,  in  their  commercial  in 
tercourse  and  regulations,  might  be  necessary  to  their  common 
interest  and  permanent  harmony ;  and  to  report  to  the  several 
states  such  an  act  relative  to  this  great  object,  as  when  unani 
mously  ratified  by  them,  would  enable  the  United  States  in  con 
gress  assembled,  effectually  to  provide  for  the  same."     It  was  af 
terwards  agreed,  that  this  meeting  should  be  held  at  Annapolis, 
in  Maryland,  in  September  of  the  same  year.     Commissioners 
from  the  states  of  Virginia,  Delaware,  Pennsylvania,  New  Jersey, 
and   New   York,   only  attended.       Delegates   were   appointed 
by  New  Hampshire,  Massachusetts,  Rhode  Island,  and  North 
Carolina,  but  did  not  attend.     In  consequence  of  such  a  partial 
representation  of  the  states,  the  commissioners  present,  thought 
it  improper  to  proceed  on  the  important  business,  with  which 
they  were  intrusted.     They  were  now,  more  than  ever,  sensible 
of  the  necessity  of  a  general  convention  of  all  the  states,  and 
were  also  satisfied,  that  the  powers  of  this  convention  should  ex- 

*  Marshall's  Life  of  Washington,  vol.  5. 


OF  THE  UNITED  STATES.  219 

tend  to  other  objects,  than  merely  the  regulation  of  trade  and 
commerce  They,  therefore,  drew  up  a  report  and  address  to 
the  states,  in  which,  after  stating  the  defects  of  the  federal  gov 
ernment  and  that  the  situation  of  the  United  States  "  was  deli 
cate  and  critical,  calling  for  an  exertion  of  the  virtue  and  wisdom 
of  all  the  members  of  the  confederacy,"  they  recommended  to  all 
the  states,  to  concur  "  in  the  appointment  of  commissioners,  to 
meet  at  Philadelphia,  on  the  second  Monday  in  May,  1787,  to 
take  into  consideration  the  situation  of  the  United  States,  to  de 
vise  sudh  further  provisions  as  should  appear  to  them  necessary, 
to  render  the  constitution  of  the  federal  government  adequate  to 
the  exigences  of  the  union."  This  address  was  also  sent  to  con 
gress,  as  well  as  to  the  several  states. 

Virginia  first  appointed  delegates,  according  to  the  recommen 
dation  of  the  meeting  at  Annapolis.  The  general  assembly  of 
that  state,  which  commenced  their  session  in  October,  1786,  se 
lected  seven  of  her  most  distinguished  citizens,  to  meet  dele 
gates  from  the  other  states,  at  Philadelphia,  in  May  following, 
and  "  to  join  with  them,  in  devising  and  discussing  all  such  al 
terations  and  further  provisions,  as  may  be  necessary  to  render 
the  federal  constitution  adequate  to  the  exigences  of  the  union." 
Other  states  soon  after  followed  the  example  of  Virginia.  In 
February,  1787,  the  subject  claimed  the  attention  of  congress,  and 
they  passed  the  following  resolution — "Whereas  there  is  provision, 
in  the  articles  of  confederation  and  perpetual  union,  for  making 
alterations  therein,  by  the  assent  of  a  congress  of  the  United 
States,  and  of  the  legislatures  of  the  several  states  ;  and  whereas 
experience  hath  evinced,  that  there  are  defects  in  the  present  con 
federation,  as  a  means  to  remedy  which,  several  of  the  states 
and  particularly  the  state  of  New  York,  by  express  instructions 
to  their  delegates  in  congress,  have  suggested  a  convention  for  the 
purposes  expressed  in  the  folio  wing  resolution ;  and  such  convention 
appearing  to  be  the  most  probable  means  of  establishing  in  these 
states  a  firm  national  government — Resolved,  that  in  the  opinion 
of  congress,  it  is  expedient,  that  on  the  second  Monday  in  May 
next,  a  convention  of  delegates,  who  shall  have  been  appointed 


220  POLITICAL  AND  CIVIL  HISTORY 

by  the  several  states,  be  held  at  Philadelphia,  for  the  sole  and 
express  purpose  of  revising  the  articles  of  confederation,  and  re 
porting  to  congress  and  the  several  legislatures,  such  alterations 
and  provisions  therein,  as  shall,  when  agreed  to  in  congress,  and 
confirmed  by  the  states,  render  the  federal  constitution  adequate 
to  the  exigences  of  government,  and  the  preservation  of  the 
union. " 

In  consequence  of  this,  delegates  to  the  convention  were  ap 
pointed  from  all  the  states,  except  Rhode  Island. 

Many  causes  combined  to  convince  congress  and  the  Ameri 
can  people,  of  the  necessity  of  this  measure  ;  none,  perhaps,  had 
greater  influence,  than  the  insurrection  in  Massachusetts,  in  the 
year  1786.  This  open  and  formidable  opposition  to  the  laws, 
threatened  not  only  the  destruction  of  the  government  of  that 
state,  but  of  the  union.  So  numerous  were  the  insurgents  in 
the  western  counties,  and  so  confident  of  success,  and  even 
of  support  from  their  fellow  citizens,  that  they  refused  all  terms 
of  accommodation  offered  by  the  legislature.  They  completely 
obstructed  judicial  proceedings  in  several  counties,  and  for  a 
time,  it  was  extremely  doubtful,  whether  a  sufficient  force  could 
be  found  in  Massachusetts,  to  reduce  them  to  obedience. 

The  public  arsenal  at  Springfield,  containing  arms  and  ammu 
nition  belonging  to  the  United  States,  was  threatened  ;  and  the 
secretary  of  war  communicated  his  fears  to  congress  on  this  sub 
ject.  This  communication,  as  well  as  a  letter  from  the  same 
officer,  concerning  some  hostile  movements  of  the  Indians  in  the 
western  country,  was  referred  to  a  committee.  In  October, 
1786,  this  committee  made  a  secret  report  to  congress,  in  which 
they  stated,  "  that  a  dangerous  insurrection  has  taken  place,  in 
divers  parts  of  the  state  of  Massachusetts,  which  was  rapidly  ex 
tending  its  influence  ;  that  the  insurgents  had  already,  by  force 
of  arms,  suppressed  the  administration  of  justice  in  several  coun 
ties  ;  that  though  the  legislature  of  said  state  was  in  session,  yet 
from  the  circumstances  attending  it,  it  would  undoubtedly  defeat 
the  object  of  the  federal  interposition,  should  a  formal  application 
for  the  same  be  made.1"  The  committee  then  added,  that  it  ap- 


OF  THE  UNITED  STATES.  221 

peared  to  them,  "  that  the  aid  of  the  federal  government  is  neces 
sary,  to  stop  the  progress  of  the  insurgents,  that  there  is  the  great 
est  reason  to  believe,  that  unless  speedy  and  effectual  measures 
shall  be  taken  to  defeat  their  designs,  they  will  possess  them 
selves  of  the  arsenal  at  Springfield,  subvert  the  government,  and 
not  only  reduce  the  commonwealth  to  a  state  of  anarchy  and  con 
fusion,  but  probably  involve  the  United  States  in  the  calamities 
of  a  civil  war."  Under  these  circumstances,  the  committee  were 
of  opinion,  that  the  United  States  were  bound  by  the  confedera 
tion  and  good  faith,  as  well  as  by  principles  of  friendship  and 
sound  policy,  to  be  prepared  to  extend  such  aid  as  should  be  ne 
cessary  to  restore  constitutional  authority  in  Massachusetts,  and 
to  afford  protection  to  the  public  stores  there  deposited.  For 
these  purposes,  the  committee  recommended  that  a  body  of 
troops  be  immediately  raised.*  The  same  committee  made  a 
public  report,  in  which  they  recommended  the  raising  of  thir 
teen  hundred  and  forty  men,t  ostensibly  for  the  purpose  of  pro 
tecting  the  frontiers  against  the  hostile  movements  of  the  Indians, 
but  really,  to  aid  in  quelling  the  insurrection  in  Massachusetts. 
These  reports  were  accepted  by  congress,  and  the  troops  were 
to  be  inlisted  principally  in  the  four  New  England  states. 

For  the  support  and  payment  of  these  troops,  the  states  were 
called  upon  to  pay  into  the  public  treasury,  by  the  first  of  June, 
1787,  their  proportion  of  five  hundred  thirty  thousand  dollars  in 
specie,  and  a  loan  of  half  a  million  of  dollars,  was  authorized  to 
be  opened  immediately.J  It  was  expected  the  money  might 
be  obtained  from  individuals  in  Boston.  Fortunately  the  state 
of  Massachusetts,  by  the  firmness  of  its  governor  and  legisla 
ture,  and  the  patriotism  of  individuals,  with  four  thousand  mili 
tia,  under  the  command  and  direction  of  general  Lincoln,  was 

*  Secret  Journals  of  Congress,  vol.  1,  p.  268. 
t  These  troops  were  apportioned  among  the  states  as  follows  :— 
New  Hampshire,  260,  \ 

«f0;     Infantry  ana  ArtiUe,y. 
Connecticut,         181,  ) 
Maryland  and  Virginia,  each  sixty  Cavalry. 
±  Public  Journal,  vol  11,  p.  IPO. 


222  POLITICAL  AND  CIVIL  HISTORY 

able  to  suppress  the  insurrection,  without  the  aid  of  the  federal 
arm. 

The  spirit  of  insurrection  was  not  confined  to  Massachusetts 
alone,  but  was  manifested,  by  partial  risings,  in  New  Hampshire 
and  Connecticut ;  but  an  immediate  and  firm  interposition  of  the 
governments  of  those  states,  arrested  its  progress. 

These  scenes  in  Massachusetts  were  deeply  felt  throughout  the 
union.  By  no  one,  however,  more  than  by  general  Washington. 
In  a  reply  to  one  of  his  correspondents  on  this  subject,  his  feel 
ings  are  thus  expressed — "  It  is  with  the  deepest  and  most  heart 
felt  concern,  I  perceive,  by  some  late  paragraphs,  extracted  from 
the  Boston  papers,  that  the  insurgents  of  Massachusetts,  far  from 
being  satisfied  with  the  redress  offered  by  the  general  court,  are 
still  acting  in  open  violation  of  law  and  government,  and  have 
obliged  the  chief  magistrate,  in  a  decided  tone,  to  call  upon  the 
militia  to  support  the  constitution.  What,  gracious  God,  is  man  I 
that  there  should  be  such  inconsistency  and  perfidiousness  in  his 
conduct.  It  is  but  the  other  day  that  we  were  shedding  our  blood 
to  obtain  the  constitutions  under  which  we  live — constitutions  of 
our  own  choice  and  making.  And  now  we  are  unsheathing  the 
sword  to  overturn  them.  The  thing  is  so  unaccountable,  that  I 
hardly  know  how  to  realize  it ;  or  to  persuade  myself,  that  I  am 
not  under  the  illusion  of  a  dream."  In  this  alarming  and  almost 
desperate  state  of  public  affairs,  the  proposition  of  conferring 
upon  congress  the  power  of  levying  duties  on  imports,  came 
again  before  the  legislature  of  New  York,  and  though  supported 
by  the  talents  and  eloquence  of  Mr.  Hamilton,  was  again  reject 
ed  by  a  majority  of  fifteen.  The  final  decision  of  New  York,  on 
this  important  question,  in  addition  to  the  insurrection  in  Massa 
chusetts  and  the  distressed  state  of  the  country  in  general,  ren 
dered  the  necessity  of  a  convention  of  the  states,  for  the  purpose 
of  enlarging  the  powers  of  the  general  government,  more  appa 
rent.  New  York,  though  she  refused  the  impost,  still  appointed 
delegates,  to  meet  the  other  states  in  convention  at  Philadelphia. 
They  were  appointed,  however,  "  for  the  sole  and  express  purpose 
of  revising  the  articles  of  confederation  and  reporting  to  congress 


OF  THE  UNITED  STATES.  223 

and  to  the  several  legislatures,  such  alterations  and  provisions 
therein,  as  shall,  when  agreed  to  in  congress,  and  confirmed  by 
the  several  states,  render  the  federal  constitution  adequate  to  the 
exigences  of  government,  and  the  preservation  of  the  union." 

The  meeting  of  this  convention,  the  formation  and  final  adop 
tion  of  a  new  system  of  general  government,  will  be  the  subject 
of  the  succeeding  chapter. 


CHAPTER  XV1I1. 

General  convention  meet  at  Philadelphia— Form  rules  for  their  proceedings— Propo 
sitions  of  Mr.  Randolph  for  a  new  system  of  government — Amendments  of  the  arti 
cles  of  confederation  proposed  by  Mr.  Patterson — Both  debated— The  amendments 
of  Mr.  Patterson  rejected— Large  majority  agree  to  form  a  new  system  of  govern 
ment—To  be  divided  into  three  great  departments,  legislative,  executive  and  judi 
cial—Legislative  divided  into  two  branches,  house  of  representatives  and  senate — 
Convention  divided  on  the  subject  of  the  representation  of  the  states  in  the  senate- 
Sketch  of  the  debate  on  this  question— States  equally  divided  upon  it— The  subject 
referred  to  a  large  committee— Committee  report  a  compromise  between  the  large 
and  small  states— This  finally  adopted  by  a  majority  of  the  convention— Sketch  of 
the  powers  granted  to  congress— General  government  prohibited  from  doing 
certain  acts— The  powers  of  the  states  restricted— The  organization  of  an  ex 
ecutive  attended  with  great  difficulty— Outlines  of  the  first  plan  adopted  by  the 
convention— This  afterwards  rejected  and  a  new  plan  formed  and  eventually 
adopted — Powers  given  to  the  executive— Judicial  department  to  consist  of  a 
supreme  court  and  inferior  courts— In  what  cases  they  have  jurisdiction— Consti 
tution  eventually  different,  in  many  respects,  from  what  the  members  first  con 
templated—Difference  between  the  articles  of  confederation  and  the  constitution- 
States  divided  on  the  subject  of  importing  slaves,  and  on  the  subject  of  the  powers 
of  congress,  relative  to  navigation  acts— These  differences  settled  by  mutual  con 
cessions—General  Washington's  influence  in  the  convention— Constitution  consid 
ered  by  state  conventions— People  greatly  divided  in  some  of  the  states— Adopted 
by  three  states  unanimously — By  large  majorities  in  four  states— Rhode  Island  re 
fuses  to  call  a  convention— The  other  five  states  much  divided— Doubtful  for  a 
time  whether  they  would  ratify  it  without  previous  amendments— Massachusetts 
adopts  it,  and  recommends  certain  amendments— Convention  of  New  Hampshire 
meet  and  adjourn— The  system  strongly  opposed  in  New  York,  Virginia  and  North 
Carolina,  without  previous  amendments— Is  warmly  debated  in  the  conventions  of 
those  states— New  Hampshire  follows  the  example  of  Massachusetts— Virginia 
and  New  York  adopt  it  in  the  same  manner  by  small  majorities— North  Carolina 
refuses  her  assent  unless  amended. 

THE  delegates  appointed  by  the  states  to  convene  at  Philadel 
phia,  agreeably  to  the  recommendation  of  the  commissioners  at 
Annapolis,  and  the  resolve  of  congress,  met  at  the  time  and  place 
designated,  (with  the  exception  of  those  from  New  Hampshire, 
who  did  not  join  the  convention  until  the  23d  of  July,)  and  pro 
ceeded  on  the  important  business  of  their  appointment. 


POLITICAL  AND  CIVIL  HISTORY,  &c. 

George  Washington,  one  of  the  delegates  from  Virginia,  was 
unanimously  elected  to  preside  in  their  deliberations.  One  rule 
adopted  by  the  convention  was,  that  "  a  house  to  do  business 
should  consist  of  the  deputies  of  not  less  than  seven  states,  and 
that  all  questions  should  be  decided,  by  the  greater  number  of 
those,  which  should  be  fully  represented" — another,  "  that  noth 
ing  spoken  in  the  house  be  printed,  or  otherwise  published  or 
communicated,  without  leave." 

The  meeting  of  this  august  assembly,  marks  a  new  era  in  the 
political  annals  of  the  United  States.  Men  most  eminent  for 
talents  and  wisdom,  had  been  selected  and  were  met  to  form  a 
system  of  government  for  a  vast  empire.  Such  an  assemblage 
for  such  an  object,  the  world  had  never  before  witnessed.  The 
result  of  their  deliberations,  on  which  the  happiness  of  so  many 
millions  depended,  was  looked  for  with  extreme  solicitude. 

From  the  peculiar  situation  of  the  states,  the  difficulties  in  form 
ing  a  new  system  of  general  government,  were,  indeed,  of  no  or 
dinary  magnitude.  Since  the  peace  of  1783,  political  and  com 
mercial  jealousies  had  arisen  among  the  states  ;  and  to  these  was 
added  a  difference  in  their  extent,  wealth,  and  population,  as 
well  as  in  the  habits,  religion,  and  education  of  their  inhabitants. 
These  together,  presented  obstacles  apparently  insurmountable. 
Nothing,  indeed,  but  a  spirit  of  mutual  concession  and  com 
promise,  could  have  overcome  these  obstacles  and  effected  so 
fortunate  a  result. 

The  first  great  question  among  the  members  of  this  assembly, 
was,  whether  they  should  amend  the  old,  or  form  a  new  system. 
By  the  resolve  of  congress,  as  well  as  the  instructions  of  some 
of  the  states,  they  were  met  "  for  the  sole  and  express  purpose 
of  revising  the  articles  of  confederation."  Such,  however,  were 
the  radical  defects  of  the  old  government,  that  a  majority  deter 
mined  to  form  an  entire  new  one. 

On  the  29th  of  May,  Edmund  Randolph  of  Virginia,  submitted 
to  the  convention,  fifteen  resolutions,  as  the  basis  of  a  new  consti 
tution. 

VOL.  II.  29 


6  POLITICAL  AND  CIVIL  HISTORY 

These  resolutions  were — 

"  1.  Resolved,  That  the  articles  of  the  confederation  ought  to 
be  so  corrected  and  enlarged,  as  to  accomplish  the  objects  pro 
posed  by  their  institution,  namely,  common  defense,  security  of 
liberty,  and  general  welfare. 

"  2.  Resolved,  Therefore,  that  the  right  of  suffrage,  in  the  na 
tional  legislature,  ought  to  be  proportioned  to  the  quotas  of  con 
tribution,  or  to  the  number  of  free  inhabitants,  as  the  one  or  the 
other  may  seem  best,  in  different  cases. 

"  3.  Resolved,  That  the  national  legislature  ought  to  consist  of 
two  branches. 

"  4.  Resolved,  That  the  members  of  the  first  branch  of  the  na 
tional  legislature  ought  to  be  elected  by  the  people  of  the  several 
states,  every  for  the  term  of  ,  to  be  of  the  age  of 

years  at  least  ;  to  receive  liberal  stipends,  by  which  they 
may  be  compensated  for  the  devotion  of  their  time  to  public  ser 
vice  ;  to  be  ineligible  to  any  office  established  by  a  particular 
state,  or  under  the  authority  of  the  United  States,  (except  those 
peculiarly  belonging  to  the  functions  of  the  first  branch,)  during 
the  term  of  service,  and  for  the  space  of  after  its  expir 

ation  ;  to  be  incapable  of  re-election  for  the  space  of 
after  the  expiration  of  their  term  of  service  ;  and  to  be  subject  to 
recall. 

"  5.  Resolved,  That  the  members  of  the  second  branch  of  the 
national  legislature  ought  to  be  elected  by  those  of  the  first,  out 
of  a  proper  number  of  persons  nominated  by  the  individual  legis 
latures  ;  to  be  of  the  age  of  years,  at  least ;  to  hold  their 
offices  for  a  term  sufficient  to  ensure  their  independency  ;  to  re 
ceive  liberal  stipends,  by  which  they  may  be  compensated  for  the 
devotion  of  their  time  to  the  public  service  ;  and  to  be  ineligible 
to  any  office  established  by  a  particular  state,  or  under  the  au 
thority  of  the  United  States,  (except  those  peculiarly  belonging 
to  the  functions  of  the  second  branch,)  during  the  term  of  ser 
vice  ;  and  for  the  space  of  after  the  expiration  thereof. 

"  6.  Resolved,  That  each  branch  ought  to  possess  the  right  of 
originating  acts  ;  that  the  national  legislature  ought  to  be  em- 


OF  THE  UNITED  STATES.  227 

powered  to  enjoy  the  legislative  right  vested  in  congress,  by  the 
confederation ;  and  moreover  to  legislate  in  all  cases  to  which 
the  separate  states  are  incompetent,  or  in  which  the  harmony  of 
the  United  States  may  be  interrupted  by  the  exercise  of  individu 
al  legislation  ;  to  negative  all  laws  passed  by  the  several  states, 
contravening  in  the  opinion  of  the  national  legislature,  the  arti 
cles  of  union,  or  any  treaty  subsisting  under  the  authority  of 
the  union ;  and  to  call  forth  the  force  of  the  union  against  any 
member  of  the  union  failing  to  fulfil  its  duty  under  the  articles 
thereof. 

"  7.  Resolved,  That  a  national  executive  be  institued,  to  be 
chosen  by  the  national  legislature  for  the  term  of  years, 

to  receive  punctually,  at  stated  times,  a  fixed  compensation  for 
the  services  rendered,  in  which  no  increase  or  diminution  shall  be 
made,  so  as  to  affect  the  magistracy  existing  at  the  time  of  the 
increase  or  diminution  ;  to  be  ineligible  a  second  time  ;  and  that, 
besides  a  general  authority  to  execute  the  national  laws,  it  ought 
to  enjoy  the  executive  rights  vested  in  congress  by  the  confed 
eration. 

"  8.  Resolved,  That  the  executive,  and  a  convenient  number 
of  the  national  judiciary,  ought  to  compose  a  council  of  revision, 
with  authority  to  examine  every  act  of  the  national  legislature, 
before  it  shall  operate,  and  every  act  of  a  particular  legislature 
before  a  negative  thereon  shall  be  final ;  and  that  the  dissent  of 
the  said  council  shall  amount  to  a  rejection,  unless  the  act  of  the 
national  legislature  be  again  passed,  or  that  of  a  particular  legis 
lature  be  again  negatived  by  of  the  members  of  each 
branch. 

"  9.  Resolved,  That  a  national  judiciary  be  established 
to  hold  their  offices  during  good  behavior,  and  to  receive  punc 
tually,  at  stated  times,  fixed  compensation  for  their  services,  in 
which  no  increase  or  diminution  shall  be  made,  so  as  to  affect  the 
persons  actually  in  office  at  the  time  of  such  increase  or  diminu 
tion.  That  the  jurisdiction  of  the  inferior  tribunals,  shall  be,  to 
hear  and  determine,  in  the  first  instance,  and  of  the  supreme  tri 
bunal  to  hear  and  determine,  in  the  dernier  resort,  all  piracies 


228  POLITICAL  AND  CIVIL  HISTORY 

and  felonies  on  the  high  seas  ;  captures  from  an  enemy  ;  cases  in 
which  foreigners,  or  citizens  of  other  states,  applying  to  such  ju 
risdictions,  may  be  interested,  or  which  respect  the  collection  of 
the  national  revenue  ;  impeachments  of  any  national  officer  ;  and 
questions  which  involve  the  national  peace  or  harmony. 

"  10.  Resolved,  That  provision  ought  to  be  made  for  the  ad 
mission  of  states,  lawfully  arising  within  the  limits  of  the  United 
States,  whether  from  a  voluntary  junction  of  government  and  ter 
ritory,  or  otherwise,  with  the  consent  of  a  number  of  voices  in  the 
national  legislature  less  than  the  whole. 

"11.  Resolved,  That  a  republican  government,  and  the  terri 
tory  of  each  state,  (except  in  the  instance  of  a  voluntary  junction 
of  government  and  territory,)  ought  to  be  guarantied  by  the  Uni 
ted  States  to  each  state. 

"  12.  Resolved,  That  provision  ought  to  be  made  for  the  con 
tinuance  of  a  congress,  and  their  authorities  and  privileges,  until  a 
given  day,  after  the  reform  of  the  articles  of  union  shall  be  adopt 
ed,  and  for  the  completion  of  all  their  engagements. 

"  1 3.  Resolved,  That  provision  ought  to  be  made  for  the 
amendment  of  the  articles  of  union,  whensoever  it  shall  seem  ne 
cessary  ;  and  that  the  assent  of  the  national  legislature  ought  not 
to  be  required  thereto. 

"  14.  Resolved,  That  the  legislative,  executive,  and  judiciary 
powers  within  the  several  states  ought  to  be  bound  by  oath  to 
support  the  articles  of  union. 

"  15.  Resolved,  That  the  amendments,  which  shall  be  offered 
to  the  confederation  by  the  convention,  ought,  at  a  proper  time 
or  times,  after  the  approbation  of  congress,  to  be  submitted  to  an 
assembly  or  assemblies  of  representatives,  recommended  by  the 
several  legislatures,  to  be  expressly  chosen  by  the  people  to  con 
sider  and  decide  thereon." 

These  resolutions  of  Mr.  Randolph,  called  the  Virginia  plan, 
were  debated  and  amended,  until  the  15th  of  June,  when  Mr. 
Patterson  of  New  Jersey,  offered  to  the  convention  the  following 
propositions  as  amendments  to  the  articles  of  confederation. 


OF  THE  UNITED  STATES.  229 

"  1.  Resolved,  That  the  articles  of  confederation  ought  to  be 
revised,  corrected,  and  enlarged,  as  to  render  the  federal  consti 
tution  adequate  to  the  exigencies  of  government,  and  the  preser 
vation  of  the  union. 

"  2,  Resolved,  That  in  addition  to  the  powers  vested  in  the 
United  States  in  congress,  by  the  present  existing  articles  of  con 
federation,  they  be  authorized  to  pass  acts  for  raising  a  revenue, 
by  levying  a  duty  or  duties  on  all  goods  and  merchandize  of  for 
eign  growth  or  manufacture,  imported  into  any  part  of  the  United 
States — by  stamps  on  paper,  vellum,  or  parchment,  and  by  a 
postage  on  all  letters  and  packages  passing  through  the  general 
post  office — to  be  applied  to  such  federal  purposes  as  they  shall 
deem  proper  and  expedient  ;  to  make  rules  and  regulations  for 
the  collection  thereof ;  and  the  same  from  time  to  time  to  alter 
and  amend,  in  such  manner  as  they  shall  think  proper.  To  pass 
acts  for  the  regulation  of  trade  and  commerce,  as  well  with  for 
eign  nations  as  with  each  other  ;  provided,  that  all  punishments, 
fines,  forfeitures,  and  penalties,  to  be  incurred  for  contravening 
such  rules  and  regulations,  shall  be  adjudged  by  the  common  law 
judiciary  of  the  states  in  which  any  offense  contrary  to  the  true 
intent  and  meaning  of  such  rules  and  regulations  shall  be  com 
mitted  or  perpetrated  ;  with  liberty  of  commencing,  in  the  first 
instance,  all  suits  or  prosecutions  for  that  purpose,  in  the  superior 
common  law  judiciary  of  such  state;  subject,  nevertheless,  to 
an  appeal  for  the  correction  of  all  errors,  both  in  law  and  fact,  in 
rendering  judgment,  to  the  judiciary  of  the  United  States. 

"  3.  Resolved,  That  whenever  requisitions  shall  be  necessary, 
instead  of  the  present  rule,  the  United  States  in  congress  be  au 
thorized  to  make  such  requisitions  in  proportion  to  the  whole 
number  of  white  and  other  free  citizens  and  inhabitants  of  every 
age,  sex,  and  condition,  including  those  bound  to  servitude  for  a 
term  of  years,  and  three  fifths  of  all  other  persons  not  conpre- 
hended  in  the  foregoing  description,  except  Indians  not  paying 
taxes  ;  that  if  such  requisitions  be  not  complied  with  in  the  time 
to  be  specified  therein,  to  direct  the  collection  thereof  in  the  non- 
oomplying  states  ;  and  for  that  purpose  to  devise  and  pass  acts 


230  POLITICAL  AND  CIVIL  HISTORY 

directing  and  authorizing  the  same  ;  provided,  that  none  of  the 
powers  hereby  vested  in  the  United  States  in  congress,  shall  be 
exercised  without  the  consent  of  at  least  states  ;  and  in 

that  proportion,  if  the  number  of  confederated  states  should  be 
hereafter  increased  or  diminished. 

"  4.  Resolved,  That  the  United  States  in  congress,  be  author 
ized  to  elect  a  federal  executive  to  consist  of  persons,  to 
continue  in  office  for  the  term  of  years  ;  to  receive  punc 
tually  at  stated  times,  a  fixed  compensation  for  the  services  by 
them  rendered,  in  which  no  increase  or  diminution  shall  be  made, 
so  as  to  affect  the  persons  composing  the  executive  at  the  time 
of  such  increase  or  diminution  ;  to  be  paid  out  of  the  federal 
treasury. ;  to  be  incapable  of  holding  any  other  office  or  appoint 
ment  during  their  time  of  service,  and  for  years  thereaf 
ter  ;  to  be  ineligible  a  second  time,  and  removeable  on  impeach 
ment  and  conviction  for  malpractices  or  neglect  of  duty,  by  con 
gress,  on  application  by  a  majority  of  the  executives  of  the  sev 
eral  states.  That  the  executive,  besides  a  general  authority  to 
execute  the  federal  acts,  ought  to  appoint  all  federal  officers  not 
otherwise  provided  for,  and  to  direct  all  military  operations  ;  pro 
vided,  that  none  of  the  persons  composing  the  federal  executive 
shall,  on  any  occasion,  take  command  of  any  troops,  so  as  per 
sonally  to  conduct  any  military  enterprise  as  general  or  in  any 
other  capacity. 

"  5.  Resolved,  That  a  federal  judiciary  be  established,  to  con 
sist  of  a  supreme  tribunal,  the  judges  of  which  to  be  appointed  by 
the  executive,  and  to  hold  their  offices  during  good  behavior  ;  to 
receive  punctually,  at  stated  times,  a  fixed  compensation  for  their 
services,  in  which  no  increase  or  diminution  shall  be  made,  so  as 
to  affect  the  persons  actually  in  office  at  the  time  of  such  increase 
or  diminution.  That  the  judiciary,  so  established,  shall  have  au 
thority  to  hear  and  determine,  in  the  first  instance,  on  all  impeach 
ments  of  federal  officers ;  and  by  way  of  appeal,  in  the  dernier 
resort,  in  all  cases  touching  the  rights  and  privileges  of  ambassa 
dors  ;  in  all  cases  of  captures  from  an  enemy  ;  in  all  cases  of  pi 
racies  and  felonies  on  the  high  seas  ;  in  all  cases  in  which  for- 


OF  THE  UNITED  STATES.  231 

eigners  may  be  interested,  in  the  construction  of  any  treaty  or 
treaties,  or  which  may  arise  on  any  act  or  ordinance  of  congress 
for  the  regulation  of  trade,  or  the  collection  of  the  federal  revenue. 
That  none  of  the  judiciary  officers  shall,  during  the  time  they  re 
main  in  office,  be  capable  of  receiving  or  holding  any  other 
office  or  appointment  during  their  term  of  service,  or  for 
thereafter. 

"  6.  Resolved,  That  the  legislative,  executive,  and  judiciary 
powers  within  the  several  states,  ought  to  be  bound,  by  oath,  to 
support  the  articles  of  union. 

"  7.  Resolved,  That  all  acts  of  the  United  States,  in  congress 
assembled,  made  by  virtue  and  in  pursuance  of  the  powers  here 
by  vested  in  them,  and  by  the  articles  of  the  confederation,  and 
all  treaties  made  and  ratified  under  the  authority  of  the  United 
States,  shall  be  the  supreme  law  of  the  respective  states,  as  far 
as  those  acts  and  treaties  shall  relate  to  the  said  states,  or  their 
citizens ;  and  that  the  judiciaries  of  the  several  states  shall  be 
bound  thereby  in  their  decisions,  any  thing  in  the  respective  laws 
of  the  individual  states  to  the  contrary  notwithstanding.  And  if 
any  state,  or  any  body  of  men  in  any  state,  shall  oppose  or  pre 
vent  the  carrying  into  execution  such  acts  or  treaties,  the  federal 
executive  shall  be  authorized  to  call  forth  the  powers  of  the  con 
federated  states,  or  so  much  thereof  as  may  be  necessary  to  en 
force  and  compel  obedience  to  such  acts,  or  an  observance  of 
such  treaties. 

"  8.  Resolved,  That  provision  ought  to  be  made  for  the  ad 
mission  of  new  states  into  the  union. 

"  9.  Resolved,  That  provision  ought  to  be  made  for  hearing 
and  deciding  upon  all  disputes  arising  between  the  United  States 
and  an  individual  state,  respecting  territory. 

"  10.  Resolved,  That  the  rule  for  naturalizations  ought  to  be 
the  same  in  every  state. 

"11.  Resolved,  That  a  citizen  of  one  state,  committing  an 
offense  in  another  state,  shall  be  deemed  guilty  of  the  same  of 
fense  as  if  it  had  been  committed  by  a  citizen  of  the  state  in 
which  the  offense  was  committed." 


232  POLITICAL  AND  CIVIL  HISTORY 

These  propositions,  called  the  Jersey  plan,  no  doubt  embraced 
the  general  views  of  those  in  the  convention,  who  wished  merely 
to  amend  the  articles  of  confederation.  They  were  debated 
until  the  19th  of  June,  and  were  rejected  by  seven  states  against 
three,  and  one  divided.  New  York,  New  Jersey  and  Delaware 
were  in  favor  of  them,  and  all  the  other  states  against  them, 
except  Maryland,  whose  members  were  equally  divided. 

The  question  being  thus  definitely  settled  against  amending 
the  articles  of  confederation,  the  convention  resumed  the  resolu 
tions  of  Mr.  Randolph,  and  they  were  the  subject  of  debate  and 
amendment  until  the  4th  of  July,  when,  with  the  exception  of 
those  relating  to  the  executive,  they  were  referred  to  a  commit 
tee  consisting  of  Mr.  Rutledge,  Mr.  Randolph,  Mr.  Gorham,  Mr. 
Ellsworth,  and  Mr.  Wilson,  for  the  purpose  of  reducing  them  to 
the  form  of  a  constitution.  On  the  26th  of  the  same  month, 
those  relating  to  the  executive  having  been  adopted,  they  with 
various  other  propositions  submitted  by  individuals,  were  referred 
to  the  same  committee,  and  the  convention  adjourned  to  the  6th 
of  August,  when  the  committee  reported  a  draft  of  a  constitution.. 
This  was  under  debate  until  the  8th  of  September,  and  under 
went  many  material  alterations.  A  committee,  consisting  of  Mr. 
Johnson,  Mr.  Hamilton,  G.  Morriss,  Mr.  Madison,  and  Mr.  King, 
was  then  selected, "  to  revise  the  style  and  arrange  the  articles." 
The  manner  in  which  these  eminent  scholars,  and  statesmen, 
performed  the  duty  assigned  them,  appears,  from  the  great  pre 
cision  and  accuracy  of  the  language  of  the  constitution,  as  well 
as  the  happy  arrangement  of  its  various  articles. 

The  report  of  this  committee  was  made  on  the  12th  and  on  the 
17th  of  September,  after  a  session  of  about  four  months,  the  con 
stitution  was  finally  adopted  and  signed  by  all  the  members  then 
present. 

Having  determined  to  form  a  new  system  of  government,  the 
states  were  nearly  unanimous,  that  it  should  consist  of  "  a  su 
preme  legislative,  executive  and  judiciary.1'  Equal  unanimity, 
however,  did  not  prevail  as  to  the  mode  of  forming  those  three 


OF  THE  UNITE!)  STATES.  233 

great  co-ordinate  departments,  the  relative  weight  of  the  states 
in  these  departments,  and  the  powers  with  which  each  should  be 
invested.  All  the  states,  with  the  exception  of  Pennsylvania,  were 
in  favor  of  dividing  the  legislature  into  two  branches,  to  be  styled 
a  house  of  representatives  and  senate^  A  question  then  arose, 
as  to  the  votes  of  the  states  in  these  branches.  This  was  a  ques 
tion  between  the  great  and  small  states  ;  and  it  created  long  and 
violent  debates,  particularly  with  respect  to  the  representation  or 
vote  of  the  states  in  the  senate,  or  second  legislative  branch.  The 
small  states,  after  some  debate,  consented  that  the  right  of  suf 
frage  in  the  house,  should  be  in  proportion  to  the  whole  number 
of  white  or  other  free  citizens  in  each,  including  those  bound  to 
service  for  a  term  of  years,  and  three  fifths  of  all  other  persons. 
While  they  yielded  this  point,  they  insisted  on  an  equal  vote  in 
the  senate. 

To  this  the  large  states  were  unwilling  to  assent ;  and  on  this 
question  the  states  remained,  for  a  time,  about  equally  divid 
ed.  On  the  first  trial,  in  committee  of  the  whole,  six  states  against 
five,  decided  that  the  right  of  suffrage  in  the  senate  should  be  the 
same  as  in  the  house  ;  the  states  of  Massachusetts,  Pennsylvania, 
Virginia,  North  Carolina,  South  Carolina,  and  Georgia  being  in 
the  affirmative,  and  Connecticut,  New  York,  New  Jersey,  Dela 
ware  and  Maryland  in  the  negative. 

This  question  was  again  brought  up,  on  a  motion  of  Mr.  Ells 
worth,  on  the  29th  of  June,  "  that  in  the  second  branch,  each 
state  should  have  an  equal  vote."  This  produced  a  long  and 
warm  debate.  In  support  of  his  motion  Mr.  Ellsworth  said,  "  I 
confess  that  the  effect  of  this  motion  is,  to  make  the  general  gov 
ernment  partly  federal  and  partly  national.  This  will  secure 
tranquillity,  and  still  make  it  effectual ;  and  it  will  meet  the  ob 
jections  of  the  larger  states.  In  taxes  they  will  have  a  propor 
tional  weight  in  the  first  branch  of  the  general  legislature.  If 
the  great  states  refuse  this  plan,  we  shall  be  forever  separated. 
Even  in  the  executive  the  larger  states  have  ever  had  great  in 
fluence.  The  provinces  of  Holland  ever  had  it.  If  all  the  states 
are  to  exist,  they  must  necessarily  have  an  equal  vote  in  the  gen- 

VOL.  II.  30 


234  POLITICAL  AND  CIVIL  HISTORY 

eral  government.  Small  communities,  when  associating  with 
greater,  can  only  be  supported  by  an  equality  of  votes.  I  have 
always  found  in  my  reading  and  experience,  that  in  all  societies 
the  governors  are  ever  rising  into  power.  The  large  states, 
though  they  may  not  rj^ve^a  common  interest  for  combination, 
yet  they  may  be  partially  attached  to  each  other  for  mutual  sup 
port  and  advancement.  This  can  be  more  easily  effected  than 
the  union  of  the  remaining  small  states  to  check  it ;  and  ought 
we  not  to  regard  antecedent  plighted  faith  to  the  confederation 
already  entered  into,  and  by  the  terms  of  it  declared  to  be  per 
petual  ?  And  it  is  not  obvious  to  me  that  the  states  will  depart 
from  this  ground.  When  in  the  hour  of  common  danger  we  uni 
ted  as  equals,  shall  it  now  be  urged  by  some  that  we  must  depart 
from  this  principle  when  danger  is  over  ?  Will  the  world  say  that 
this  is  just  ?  We  then  associated  as  free  and  independent  states, 
and  were  well  satisfied.  To  perpetuate  that  independence,  I 
wish  to  establish  a  national  legislative,  executive  and  judiciary : 
for  under  these  we  shall,  I  doubt  not,  preserve  peace  and  harmo 
ny — nor  should  I  be  surprised  (although  we  made  the  general 
government  the  most  perfect  in  our  opinion)  that  it  should  here 
after  require  amendment.  But  at  present,  this  is  as  far  as  I  pos 
sibly  can  go.  If  this  convention  only  chalks  out  lines  of  a  good 
government,  we  shall  do  well." 

Mr.  Baldwin  of  Georgia  said,  "  it  appears  to  be  agreed  that 
the  government  we  should  adopt  ought  to  be  energetic  and  for 
midable,  yet  I  would  guard  against  the  danger  of  becoming  too 
formidable.  The  second  branch  ought  not  to  be  elected  as  the 
first.  Suppose  we  take  the  example  of  the  constitution  of  Mas 
sachusetts,  as  it  is  commended  for  its  goodness  :  There  the  first 
branch  represents  the  people,  and  the  second  its  property." 

"  I  would  always  exclude,"  said  Mr.  Madison,  "  inconsistent 
principles  in  framing  a  system  of  government.  The  difficulty  of 
getting  its  defects  amended  are  great  and  sometimes  insurmount 
able.  The  Virginia  government  was  the  first  which  was  made, 
and  though  its  defects  are  evident  to  every  person,  we  cannot  get 
it  amended.  The  Dutch  have  .made  four  attempts  to  amend 


OF  THE  UNITED  STATES.  235 

their  system  without  success.  The  few  alterations  made  in  it 
were  by  tumult  and  faction,  and  for  the  worse.  If  there  were 
real  danger,  I  would  give  the  small  states  the  defensive  weapon. 
But  there  is  none  from  that  quarter.  The  great  danger  to  our 
general  government  is  the  great  southem  and  northern  interests 
of  this  continent,  being  opposed  to  each  other.  Look  to  the 
votes  in  congress,  and  most  of  them  stand  divided  by  the  geo 
graphy  of  the  country,  not  according  to  the  size  of  the  states. 

"  Suppose  the  first  branch  granted  money,  may  not  the  second 
branch,  from  state  views,  counteract  the  first  ?  In  congress,  the 
single  state  of  Delaware  prevented  an  embargo,  at  the  time  all 
the  other  states  thought  it  absolutely  necessary  for  the  support  of 
the  army.  Other  powers,  and  those  very  essential,  besides  the 
legislative,  will  be  given  to  the" second  branch — such  as  the  ne 
gativing  all  state  laws.  I  would  compromise  on  this  question,  if 
I  could  do  it  on  correct  principles,  but  otherwise  not — if  the  old 
fabric  of  the  confederation  must  be  the  ground-work  of  the  new, 
we  must  fail." 

The  debate  on  this  motion  was  renewed  the  next  day,  by 
Mr.  Wilson  of  Pennsylvania,  who  commenced  by  saying — 
"  The  question  now  before  us  is  of  so  much  consequence, 
that  I  cannot  give  it  a  silent  vote — gentlemen  have  said,  that  if 
this  amendment  is  not  agreed  to,  a  separation  to  the  north  of 
Pennsylvania  may  be  the  consequence.  This  neither  staggers 
me  in  my  sentiments  or  my  duty.  If  a  minority  should  refuse 
their  assent  to  the  new  plan  of  a  general  government,  and  if  they 
will  have  their  own  will,  and  without  it,  separate  the  union,  let  it 
be  done  ;  but  we  shall  stand  supported  by  stronger  and  better 
principles.  The  opposition  to  this  plan  is  as  twenty  two  to  nine 
ty,  in  the  general  scale — not  quite  a  fourth  part  of  the  union. 
Shall  three  fourths  of  the  union  surrender  their  rights  for  the  sup 
port  of  that  artificial  being,  called  state  interest  ?  If  we  must  join 
issue  I  am  willing,  I  cannot  consent  that  one  fourth  shall  controul 
the  power  of  three  fourths. 

"  If  the  motion  is  adopted,  seven  states  will  controul  the  whole, 
and  the  lesser  seven  compose  twenty  four  out  of  ninety.    One 


236  POLITICAL  AND  CIVIL  HISTORY 

third  must  controul  two  thirds — twenty  four  overrule  sixty  six. 
For  whom  do  we  form  a  constitution,  for  men,  or  for  imaginary 
beings  called  states,  a  mere  metaphysical  distinction  ?  Will  a 
regard  to  state  rights  justify  the  sacrifice  of  the  rights  of  men? 
If  we  proceed  on  any  othfr  foundation  than  the  last,  our  building 
will  neither  be  solid  nor  lasting.  Weight  and  numbers  is  the 
only  true  principle — every  other  is  local,  confined  or  imaginary. 
Much  has  been  said  of  the  danger  of  the  three  larger  states  com 
bining  together  to  give  rise  to  a  monarchy,  or  an  aristocracy. 
Let  the  probability  of  this  combination  be  explained,  and  it  will 
be  found  that  a  rivalship  rather  than  a  confederacy  will  exist 
among  them.  Is  there  a  single  point  in  which  this  interest  co 
incides  ?  Supposing  that  the  executive  should  be  selected  from 
one  of  the  large  states,  can  the  other  two  be  gratified  ?  Will  not 
this  be  a  source  of  jealousy  among  them,  and  will  they  not  sepa 
rately  court  the  interest  of  the  smaller  states,  to  counteract  the 
views  of  a  favorite  rival  ?  How  can  an  aristocracy  arise  from 
this  combination  more  than  among  the  smaller  states  ?  On  the 
contrary,  the  present  claims  of  the  smaller  states  lead  directly  to 
the  establishment  of  an  aristocracy,  which  is  the  few  over  the 
many,  and  the  Connecticut  proposal  removes  only  a  small  part 
©f  the  objection.  There  are  only  two  kinds  of  bad  government, 
the  one  which  does  too  much,  and  therefore  oppressive,  and  the 
other  which  does  too  little,  and  therefore  weak.  Congress  par 
takes  of  the  latter,  and  the  motion  will  leave  us  in  the  same  situa 
tion,  and  as  much  fettered  as  ever  we  were.  The  people  see  its 
weakness,  and  would  be  mortified  in  seeing  our  inability  to  cor 
rect  it. 

The  gentleman  from  Georgia  has  his  doubts  how  to  vote  on 
this  question,  and  wishes  some  qualification  of  it  to  be  made.  I  ad 
mit  there  ought  to  be  some  difference  as  to  the  numbers  in  the 
second  branch ;  and  perhaps  there  are  other  distinctions  which 
could  with  propriety  be  introduced — such  for  example  as  the 
qualifications  of  the  elected,  &c.  However,  if  there  are  leading 
principles  in  the  system  we  adopt,  much  may  be  done  in  the  de 
tail.  We  all  aim  at  giving  the  general  government  more  energy. 


OF  THE  UNITED  STATES.  237 

The  state  governments  are  necessary  and  valuable — no  liberty 
can  be  obtained  without  them.  On  this  question  depends  the 
essential  rights  of  the  general  government  and  of  the  people." 

Mr.  Ellsworth  in  reply  observed,  that  he  had  the  greatest  re 
spect  for  the  gentleman  (Mr.  Wilson)  who  spoke  last.  "  I  respect 
his  abilities,"  said  he,  "  though  I  differ  from  him  in  many  points. 
He  asserts  that  the  general  government  must  depend  on  the  equal 
suffrage  of  the  people.  But  will  not  this  put  it  in  the  power  of 
few  states  to  control  the  rest  ?  It  is  a  novel  thing  in  politics  that 
the  few  control  the  many.  In  the  British  government,  the  few, 
as  a  guard,  have  an  equal  share  in  the  government.  The  house 
of  lords,  though  few  in  number,  and  sitting  in  their  own  right, 
have  an  equal  share  in  their  legislature.  They  cannot  give  away 
the  property  of  the  community,  but  they  can  prevent  the  com 
mons  from  being  too  lavish  of  their  gifts.  Where  is  or  was  a  con 
federation  ever  formed,  where  equality  of  voice  was  not  a  funda 
mental  principle  ?  Mankind  are  apt  to  go  from  one  extreme  to 
another,  and  because  we  have  found  defects  in  the  confedera 
tion,  must  we  therefore  pull  down  the  whole  fabric,  foundation 
and  all,  in  order  to  erect  a  new  building  totally  different  from  it, 
without  retaining  any  of  its  materials  ?  What  are  its  defects  ? 
It  is  said  equality  of  votes  has  embarrassed  us  ;  but  how  ?  Would 
the  real  evils  of  our  situation  have  been  cured,  had  not  this  been 
the  case?  Would  the  proposed  amendments  in  the  Virginia 
plan  as  to  representation,  relieve  us  ?  I  fancy  not.  Rhode  Island 
has  been  often  quoted  as  a  small  state,  and  by  its  refusal  once 
defeated  the  grant  of  the  impost.  Whether  she  was  right  in 
doing  so  is  not  the  question ;  but  was  it  a  federal  requisition  ? 
And  if  it  was  not,  she  did  not  in  this  instance,  defeat  a  federal 
measure. 

"  If  the  larger  states  seek  security,  they  have  it  fully  in  the  first 
branch  of  the  general  government.  But  can  we  turn  the  tables 
and  say  that  the  lesser  states  are  equally  secure  ?  In  commer 
cial  regulations  they  will  unite.  If  policy  should  require  free 
ports,  they  would  be  found  at  Boston,  Philadelphia,  and  Alexan 
dria.  In  the  disposition  of  lucrative  offices  they  would  unite.  But 


238  POLITICAL  AND  CIVIL  HISTORY 

I  ask  no  surrender  of  any  of  the  rights  of  the  great  states,  nor  do 
I  plead  duress  in  the  makers  of  the  old  confederation,  nor  sup 
pose  they  soothed  the  danger,  in  order  to  resume  their  rights 
when  the  danger  was  over.  No  ;  small  states  must  possess  the 
power  of  self -defense  or  be  ruined.  Will  any  one  say,  there  is  no 
diversity  of  interests  in  the  states  ?  and  if  there  is,  should  not 
these  interests  be  guarded  and  secured  ?  But  if  there  is  none, 
then  the  larger  states  have  nothing  to  apprehend  from  an  equali 
ty  of  rights.  And  let  it  be  remembered,  that  these  remarks  arc 
not  the  result  of  partial  or  local  views.  The  state  I  represent  is 
respectable,  and  in  importance  holds  a  middle  rank." 

Mr.  Madison  immediately  replied,  by  saying  that  "notwith 
standing  the  admirable  and  close  reasoning  of  the  gentleman," 
he  was  not  yet  convinced  that  his  former  remarks  were  not  well 
founded.  "I  apprehend,"  said  Mr.  Madison,  "  he  is  mistaken  as 
to  the  fact  on  which  he  builds  one  of  his  arguments.  He  suppo 
ses  that  equality  of  votes  is  the  principle  on  which  all  confedera 
cies  are  formed — that  of  Lycia,  so  justly  applauded  by  the  cele 
brated  Montesquieu,  was  different.  He  also  appeals  to  our  good 
faith  for  the  observance  of  the  confederacy.  We  know  we  have 
formed  one  inadequate  to  the  purposes  for  which  it  was  made. 
Why  then  adhere  to  a  system  which  is  proved  to  be  so  remarka 
bly  defective  ?  I  have  impeached  a  number  of  states  for  the  in 
fraction  of  the  confederation,  and  I  have  not  even  spared  my  own 
state,  nor  can  I  justly  spare  his.  Did  not  Connecticut  refuse  her 
compliance  to  a  federal  requisition  ?  Has  she  paid  for  the  two 
last  years,  any  money  into  the  continental  treasury  ?  and  does 
this  look  like  government,  or  the  observance  of  a  solemn  com 
pact  ?  Experience  shows  that  the  confederation  is  radically  de 
fective,  and  we  must,  in  a  new  national  government,  guard 
against  those  defects.  Though  the  larger  states  in  the  first 
branch  have  a  weight  proportional  to  their  population,  yet  as  the 
smaller  states  have  an  equal  vote  in  the  second  branch,  such  as 
negativing  state  laws,  &c.,  unless  the  large  states  have  a  propor 
tional  weight  in  the  representation,  they  cannot  be  more  se- 


OF  THE  UNITED  STATES. 

To  the  remarks  made  by  Mr.  Madison  relative  to  Connecticut, 
Mr.  Ellsworth  replied  that  the  state  he  represented  had  been 
strictly  federal,  and  he  appealed  with  confidence,  to  his  excellen 
cy  (the  president,)  for  the  truth  of  it  during  the  war.  "  The  mus 
ter  rolls  will  show,"  he  said,  "  that  she  had  more  troops  in  the 
field  than  even  the  state  of  Virginia.  We  strained  every  nerve 
to  raise  them  ;  and  we  neither  spared  money  nor  exertions  to  com 
plete  our  quotas.  This  extraordinary  exertion  has  greatly  dis 
tressed  and  impoverished  us,  and  it  has  accumulated  our  state 
debts — we  feel  the  effects  of  it  even  to  this  day.  But  we  defy 
any  gentleman  to  show  that  we  ever  refused  a  federal  requisition. 
We  are  constantly  exerting  ourselves  to  draw  money  from  the 
pockets  of  our  citizens  as  fast  at  it  comes  in  ;  and  it  is  the  ardent 
wish  of  the  state  to  strengthen  the  federal  government.  If  she 
has  proved  delinquent  through  inability  only,  it  is  not  more  than 
others  have  been,  without  the  same  excuse." 

Mr.  Bradford  of  Delaware,  expressed  himself  with  great  warmth 
and  even  asperity,  on  this  question. 

"  That  all  the  states,"  he  observed,  "  at  present  are  equally 
sovereign  and  independent,  has  been  asserted  from  every  quar 
ter  of  the  house.  Our  deliberations  here  are  a  confirmation  of  the 
position  ;  and  I  may  add  to  it,  that  each  of  them  act  from  inter^ 
ested,  and  many  from  ambitious  motives.  Look  at  the  votes 
which  have  been  given  on  the  floor  of  this  house,  and  it  will  be 
found  that  their  numbers,  wealth,  and  local  views,  have  actuated 
their  determinations  ;  and  that  the  larger  states  proceed  as  if  our 
eyes  were  already  perfectly  blinded.  Impartiality  with  them  is 
already  out  of  the  question — the  reported  plan  is  their  creed,  and 
they  support  it  right  or  wrong.  Even  the  diminutive  state  of 
Georgia  has  an  eye  to  her  future  wealth  and  greatness — South 
Carolina  puffed  up  with  the  possession  of  her  wealth  and  negroes, 
and  North  Carolina  are  all,  from  different  views,  united  with  the 
great  states.  And  these  latter,  though  it  is  said  they  can  never, 
from  interested  views,  form  a  coalition,  we  find  closely  united  in 
one  scheme  of  interest  and  ambition,  notwithstanding  they  en 
deavor  to  amuse  us  with  the  purity  of  their  principles  and  the  rec- 


240  POLITICAL  AND  CIVIL  HISTORY 

titude  of  their  intentions,  in  asserting  that  the  general  government 
must  be  drawn  from  an  equal  representation  of  the  people.  Pre 
tences  to  support  ambition  are  never  wanting.  Their  cry  is, 
where  is  the  danger  ?  And  they  insist  that  though  the  powers  of 
the  general  government  will  be  increased,  yet  it  will  be  for  the 
good  of  the  whole  ;  and  though  the  three  great  states  form  near 
ly  a  majority  of  the  people  of  America,  they  never  will  hurt  or  in 
jure  the  lesser  states.  I  do  not,  gentlemen,  trust  you.  If  you 
possess  the  power,  the  abuse  of  it  could  not  be  checked  ;  and 
what  then  would  prevent  you  from  exercising  it  to  our  destruc 
tion  ?  You  gravely  allege  that  there  is  no  danger  of  combina 
tion,  and  triumphantly  ask,  how  could  combinations  be  effected  ? 
4  The  larger  states,'  you  say, '  all  differ  in  productions  and  com 
merce  ;  and  experience  shows,  that  instead  of  combinations,  they 
would  be  rivals,  and  counteract  the  views  of  one  another.'  This, 
I  repeat,  is  language  calculated  only  to  amuse  us.  Yes,  sir,  the 
larger  states  will  be  rivals,  but  not  against  each  other — they  will 
be  rivals  against  the  rest  of  the  states.  But  it  is  urged  that  such 
a  government  would  suit  the  people,  and  that  its  principles  are 
equitable  and  just.  How  often  has  this  argument  been  refuted 
when  applied  to  a  federal  government.  The  small  states  never 
can  agree  to  the  Virginia  plan  ;  and  why  then  is  it  still  urged  ? 
But  it  is  said  that  it  is  not  expected  that  the  state  governments 
will  approve  the  proposed  system,  and  that  this  house  must  di 
rectly  carry  it  to  the  people  for  their  approbation  !  Is  it  come  to 
this  then,  that  the  sword  must  decide  this  controversy,  and  that 
the  horrors  of  war  must  be  added  to  the  rest  of  our  misfortunes  ? 
But  what  have  the  people  already  said?  lWe  find  the  confed 
eration  defective — go  and  give  additional  powers  to  the  confed 
eration — give  to  it  the  imposts,  regulation  of  trade,  power  to 
collect  the  taxes,  and  the  means  to  discharge  our  foreign  and  do 
mestic  debts.1  Can  we  not  then,  as  their  delegates  agree  upon 
these  points  ?  As  their  ambassadors,  can  we  not  clearly  grant 
these  powers  ?  Why  then,  when  we  are  met,  must  entire,  dis 
tinct,  and  new  grounds  be  taken,  and  a  government,  of  which 
the  people  had  no  idea  be  instituted  ?  And  are  we  to  be  told,  if 


OF  THE  UNITED  STATES.  241 

we  wont  agree  to  it,  it  is  the  last  moment  of  our  deliberations  ? 
I  say,  it  is  indeed  the  last  moment,  if  we  do  agree  to  this  as 
sumption  of  power.  The  states  will  never  again  be  entrapped 
into  a  measure  like  this.  The  people  will  say  the  small  states 
would  confederate,  and  grant  further  powers  to  congress,  the 
large  states  would  not.  Then  the  fault  will  be  yours,  and  all  the 
nations  of  the  earth  will  justify  us.  But  what  is  to  become  of 
our  public  debts  if  we  dissolve  the  union  ?  Will  you  crush  the 
smaller  states,  or  must  they  be  left  unmolested  ?  Sooner  than  be 
ruined,  there  are  foreign  powers  who  will  take  us  by  the  hand. 
I  say  not  this  to  threaten  or  intimidate,  but  that  we  should  reflect 
seriously  before  we  act.  If  we  once  leave  this  place,  and  sol 
emnly  renounce  your  new  project,  what  will  be  the  consequence? 
You  will  annihilate  your  federal  government,  and  ruin  must  stare 
you  in  the  face.  Let  us  then  do  what  is  in  our  power — amend 
and  enlarge  the  confederation,  but  not  alter  the  federal  system. 
The  people  expect  this  and  no  more.  We  all  agree  in  the  ne 
cessity  of  a  more  efficient  government — and  cannot  this  be  done  ? 
Though  my  state  is  small,  I  know  and  respect  its  rights,  as  much 
at  least,  as  those  who  have  the  honor  to  represent  any  of  the  lar 
ger  states." 

Mr.  King  concurred  in  sentiment  with  those,  who  wished  the 
preservation  of  state  governments  ;  but  the  general  government, 
he  said,  "  might  be  so  constituted  as  to  effect  it.  Let  the  con 
stitution  we  are  about  forming  be  considered  as  a  commission 
under  which  the  general  government  should  act,  and  as  such  it 
will  be  the  guardian  of  the  state  rights.  The  rights  of  Scotland 
are  secure  from  all  danger  and  encroachments,  though  in  the 
parliament  she  has  a  small  representation.  May  not  this  be  done 
in  our  general  government  ?  Since  I  am  up,"  said  Mr.  King, 
"  I  am  concerned  for  what  fell  from  the  gentleman  from  Dela 
ware — '-take  a  foreign  power  by  the  handf  I  am  sorry  he  men 
tioned  it,  and  I  hope  he  is  able  to  excuse  it  to  himself  on  the 
score  of  passion.  Whatever  may  be  my  distress,  I  never  will 
court  a  foreign  power  to  assist  in  relieving  myself  from  it. 

VOL.  IT,  31 


242  POLITICAL  AND  CIVIL  HISTORY 

Towards  the  close  of  this  interesting  debate,  Dr.  Franklin,  then 
at  the  advanced  age  of  about  eighty-two,  arose  and  addressing 
himself  to  the  chair,  said,  "  it  has  given  me  great  pleasure  to  ob 
serve  that  till  this  point,  the  proportion  of  representation  came 
before  us,  our  debates  were  carried  on  with  great  coolness  and 
temper.  If  any  thing  of  a  contrary  kind  has  on  this  occasion  ap 
peared,  I  hope  it  will  not  be  repeated ;  for  we  are  sent  hither  to 
consult,  not  to  contend  with  each  other ;  and  declarations  of  a 
fixed  opinion  and  of  determined  resolutions  never  to  change  it, 
neither  enlighten  nor  convince  us  :  positiveness  and  warmth  on 
one  side  naturally  beget  their  like  on  the  other ;  and  tend  to  cre 
ate  and  augment  discord  and  division  in  a  great  concern,  where 
in  harmony  and  union  are  extremely  necessary,  to  give  weight  to 
our  councils,  and  render  them  effectual  in  promoting  and  secur 
ing  the  common  good. 

"  I  must  own  that  I  was  originally  of  opinion  it  would  be  better 
if  every  member  of  congress,  or  our  national  council,  were  to  con 
sider  himself  rather  as  a  representative  of  the  whole,  than  as  an 
agent  for  the  interests  of  a  particular  state,  in  which  case  the 
proportion  of  members  for  each  state  would  be  of  less  conse 
quence,  and  it  would  not  be  very  material  whether  they  voted  by 
states  or  individually.  But  as  I  find  this  is  not  to  be  expected,  I 
now  think  the  number  of  representatives  should  bear  some  pro 
portion  to  the  number  of  the  represented,  and  that  the  decisions 
should  be  by  the  majority  of  members,  not  by  the  majority  of 
states.  This  is  objected  to  from  an  apprehension  that  the  great 
er  states  would  then  swallow  up  the  smaller.  I  do  not  at  present 
clearly  see  what  advantage  the  greater  states  could  propose  to 
themselves,  by  swallowing  the  smaller,  and  therefore  do  not  ap 
prehend  they  would  attempt  it.  I  recollect  that  in  the  beginning 
of  this  century,  when  the  union  was  proposed  of  the  two  king 
doms,  England  and  Scotland,  the  Scotch  patriots  were  full  of 
fears,  that  unless  they  had  an  equal  number  of  representatives  in 
parliament,  they  should  be  ruined  by  the  superiority  of  the  Eng 
lish.  They  finally  agreed,  however,  that  the  different  proportions 
of  importance  in  the  union,  of  the  two  nations,  should  be  attend- 


OF  THE  UNITED  STATES.  243 

ed  to  ;  whereby  they  were  to  have  only  forty  members  in  the 
house  of  commons,  and  only  sixteen  of  their  peers  were  to  sit  in 
the  house  of  lords ;  a  very  great  inferiority  of  numbers  !  And  yet 
to  this  day  I  do  not  recollect  that  any  thing  has  been  done  in  the 
parliament  of  Great  Britain  to  the  prejudice  of  Scotland ;  and 
whoever  looks  over  the  lists  of  public  officers,  civil  and  military  of 
that  nation,  will  find,  I  believe,  that  the  North  Britons  enjoy  at 
least  their  full  proportion  of  emolument.  But,  sir,  in  the  present 
mode  of  voting  by  states,  it  is  equally  in  the  power  of  the  lesser 
states  to  swallow  up  the  greater  ;  and  this  is  mathematically  de 
monstrable.  Suppose,  for  example,  that  seven  smaller  states  had 
each  three  members  in  the  house,  and  the  six  larger  to  have,  one 
with  another,  six  members.  And  that  upon  a  question,  two  mem 
bers  of  each  smaller  state  should  be  in  the  affirmative,  and  one  in 
the  negative,  they  will  make — 

Affirmatives,  14  Negatives,       7 

And  that  all  the  larger  states  should  be 
unanimously  in  the  negative,  they  would  make  Negatives,     36 

In  all,     43 

"  It  is  then  apparent,  that  the  1 4  carry  the  question  against  the 
43,  and  the  minority  overpowers  the  majority,  contrary  to  the 
common  practice  of  all  assemblies  in  all  countries  and  ages. 

"  The  greater  states,  sir,  are  naturally  as  unwilling  to  have  their 
property  left  in  the  disposition  of  the  smaller,  as  the  smaller  are 
to  leave  theirs  in  the  disposition  of  the  greater.  An  honorable 
gentleman  has,  to  avoid  this  difficulty,  hinted  a  proposition  of 
equalizing  the  states.  It  appears  to  me  an  equitable  one  ;  and  I 
should,  for  my  own  part,  not  be  against  such  a  measure,  if  it 
might  be  found  practicable.  Formerly,  indeed,  when  almost 
every  province  had  a  different  constitution,  some  with  greater, 
others  with  fewer  privileges,  it  was  of  importance  to  the  bor 
derers,  when  their  boundaries  were  contested,  whether  by  running 
the  division  lines  they  were  placed  on  one  side  or  the  other.  At 
present,  when  such  differences  are  done  away,  it  is  less  material. 
The  interest  of  a  state  is  made  up  of  the  interests  of  its  individual 


244  POLITICAL  AND  CIVIL  HISTORY 

members.  If  they  are  not  injured,  the  state  is  not  injured.  Small 
states  are  more  easily,  well,  and  happily  governed  than  large 
ones.  If,  therefore,  in  such  an  equal  division,  it  should  be  found 
necessary  to  diminish  Pennsylvania,  Ishould  not  be  averse  to  the 
giving  a  part  of  it  to  New  Jersey,  and  another  to  Delaware  ;  but 
as  there  would  probably  be  considerable  difficulties  in  adjusting 
such  a  division  ;  and  however  equally  made  at  first,  it  would  be 
continually  varying  by  the  augmentation  of  inhabitants  in  some 
states,  and  their  more  fixed  proportion  in  others  ;  and  thence  fre 
quent  occasion  for  new  divisions  ;  I  beg  leave  to  propose  for  the 
consideration  of  the  committee  another  mode,  which  appears  to 
me  to  be  as  equitable,  more  easily  carried  into  practice,  and  more 
permanent  in  its  nature. 

"  Let  the  weakest  state  say  what  proportion  of  money  or  force 
it  is  able  and  willing  to  furnish  for  the  general  purposes  of  the 
union. 

"  Let  all  the  others  oblige  themselves  to  furnish  an  equal  pro 
portion. 

"  The  whole  of  these  joint  supplies  to  be  absolutely  in  the  dis 
position  of  congress.  The  congress  in  this  case  to  be  composed 
of  an  equal  number  of  delegates  from  each  state  :  and  their  de 
cisions  to  be  by  the  majority  of  individual  members  voting. 

"  If  these  joint  and  equal  supplies  should  on  particular  occa 
sions  not  be  sufficient,  let  congress  make  requisitions  on  the  richer 
and  more  powerful  states  for  further  aids,  to  be  voluntarily  af 
forded  ;  so  leaving  each  state  the  right  of  considering  the  necessi 
ty  and  utility  of  the  aid  desired,  and  of  giving  more  or  less  as  it 
should  be  found  proper. 

"  This  mode  is  not  new  ;  it  was  formerly  practised  with  suc 
cess  by  the  British  government,  with  respect  to  Ireland  and  the 
colonies.  We  sometimes  gave  even  more  than  they  expected  or 
thought  just  to  accept ;  and  in  the  last  war,  carried  on  while  we 
were  united,  they  gave  us  back  in  five  years  a  million  sterling. 
We  should  probably  have  continued  such  voluntary  contributions, 
whenever  the  occasion  appeared  to  require  them  for  the  common 
good  of  the  empire.  It  was  not  till  they  chose  to  force  us,  and  to 


OF  THE  UNITED  STATES.  245 

deprive  us  of  the  merit  and  pleasure  of  voluntary  contributions, 
that  we  refused  and  resisted.  Those  contributions,  however, 
were  to  be  disposed  of  at  the  pleasure  of  a  government  in  which 
we  had  no  representative.  I  am  therefore  persuaded  that  they 
will  not  be  refused  to  one  in  which  the  representation  shall  be 
equal. 

"  My  learned  colleague  has  already  mentioned,  that  the  pres 
ent  mode  of  voting  by  states,  was  submitted  to  originally  by  con 
gress,  under  a  conviction  of  its  impropriety,  inequality,  and  injus 
tice.  This  appears  in  the  words  of  their  resolution.  It  is  of 
Sept.  6th,  1774.  The  words  are — 

"  Resolved,  That  in  determining  questions  in  this  congress, 
each  colony  or  province  shall  have  one  vote  :  the  congress  not 
being  possessed  of,  or  at  present  able  to  procure,  materials  for 
ascertaining  the  importance  of  each  colony."4 
£  On  the  2d  of  July,  the  question  was  taken  on  the  motion  of 
Mr.  Ellsworth,  that  in  the  senate  each  state  should  have  one 
vote,  and  five  states  were  in  favor  of  it,  five  against  it,  and  one 
divided  ;  and  the  motion  was  lost.t  This  equal  division  on  a 
question  of  such  importance,  accompanied  with  so  much  warmth 
on  both  sides,  seemed  to  present  an  insurmountable  obstacle  to 
further  proceedings  of  the  convention,  without  some  com 
promise.  To  effect  this,  Charles  C.  Pinckney  of  South  Carolina, 
moved  for  the  appointment  of  a  committee  to  take  into  consider 
ation  the  subject  of  both  branches  of  the  legislature.  This  mo 
tion  prevailed,  though  not  without  opposition.  Some  of  the  mem 
bers  were  in  favor  of  appointing  a  committee,  though  they  had 
little  expectation  of  a  favorable  result.  Mr.  Martin  of  Maryland, 
declared,  that  each  state  must  have  an  equal  vote,  or  the  busi 
ness  of  the  convention  was  at  an  end. 

Mr.  Sherman  said,  we  have  got  to  a  point,  that  we  cannot 
move  one  way  or  the  other ;  a  committee  is  necessary  to  set  us 

*  This  debate  on  the  question  of  the  representation  of  the  states  in  the  senate,  is  ta 
ken  from  the  minutes  of  Mr.  Yates,  with  the  exception  of  the  speech  of  Dr.  Franklin, 
which  is  found  in  his  works. 

f  Connecticut,  New  York,  '.New  Jersey,  Delaware,  and  Maryland,  were  in  the  af 
firmative, — Massachusetts,  Pennsylvania,  Virginia,  North  Carolina,  and  South  Caro 
lina,  in  the  negative,  and  Georgia  divided. 


246  POLITICAL  AND  CIVIL  HISTORY 

right.  Mr.  Gerry  observed,  that  the  world  expected  something 
from  them — if  we  do  nothing,  we  must  have  war  and  confusion — 
the  old  confederation  would  be  at  an  end.  Let  us  see  if  conces 
sions  cannot  be  made — accommodation  is  absolutely  necessary, 
and  defects  may  be  amended  by  a  future  convention.* 

*  While  the  important  question  of  the  representation  of  the  states  in  the  senate 
was  the  subject  of  debate,  and  the  states  were  almost  equally  divided  upon  it,  Dr. 
Franklin  moved  that  prayers  should  be  attended  in  the  convention  every  morn 
ing,  and  in  support  of  his  motion,  thus  addressed  the  president. 

"  Mr.  President — The  small  progress  we  have  made  after  four  or  five  weeks  close 
attendance  and  continual  reasonings  with  each  other,  our  different  sentiments  on  al 
most  every  question,  several  of  the  last  producing  as  many  noes  as  ayes,  is  methinks 
a  melancholy  proof  of  the  imperfection  of  the  human  understanding.  We  indeed  seem 
to  feel  our  own  want  of  political  wisdom,  since  we  have  been  running  all  about  in 
search  of  it.  We  have  gone  back  to  ancient  history  for  models  of  government,  and 
examined  the  different  forms  of  those  republics,  which,  having  been  originally  formed 
with  the  seeds  of  their  own  dissolution,  now  no  longer  exist ;  and  we  have  viewed 
modern  states  all  round  Europe,  but  find  none  of  their  constitutions  suitable  to  our 
circumstances.  In  this  situation  of  this  assembly,  groping  as  it  were,  in  the  dark,  to 
find  political  truth,  and  scarce  able  to  distinguish  it  when  presented  to  us,  how  has 
it  happened,  sir,  that  we  have  not  hitherto  once  thought  of  humbly  applying  to  the 
Father  of  Lights  to  illuminate  our  understandings  ?— In  the  beginning  of  the  contest 
with  Britain,  when  we  were  sensible  of  danger,  we  had  daily  prayers  in  this  room  for 
the  divine  protection  !  Our  prayers,  sir,  were  heard  ;— and  they  were  graciously  an 
swered.  All  of  us,  who  were  engaged  in  the  struggle,  must  have  observed  frequent 
instances  of  a  superintending  Providence  in  our  favor.  To  that  kind  Providence  we 
owe  this  happy  opportunity  of  consulting  in  peace  on  the  means  of  establishing  our 
future  national  felicity.  And  have  we  now  forgotten  that  powerful  friend  ?---or  do  we 
imagine  we  no  longer  need  its  assistance.— I  have  lived,  sir,  a  long  time  ;  and  the 
longer  I  live,  the  more  convincing  proofs  I  see  of  this  truth,  that  God  governs  in  the 
affairs  of  men  !  And  if  a  sparrow  cannot  fall  to  the  ground  without  his  notice,  is  it 
probable  that  an  empire  can  rise  without  his  aid  ?— We  have  been  assured,  sir,  in  the 
sacred  writings,  that '  except  the  Lord  build  the  house,  they  labor  in  vain  that  build  it.' 
I  firmly  believe  this  ;  and  I  also  believe,  that  without  his  concurring  aid,  we  shall 
succeed  in  this  political  building  no  better  than  the  builders  of  Babel :  we  shall  be  di 
vided  by  our  little  partial  local  interests,  our  projects  will  be  confounded,  and  we  our 
selves  shall  become  a  reproach  and  a  by- word  down  to  future  ages.  And  what  ig 
worse,  mankind  may  hereafter,  from  this  unfortunate  instance,  despair  of  establishing 
government  by  human  wisdom,  and  leave  it  to  chance,  war,  and  conquest. 

"  I  therefore  beg  leave  to  move,  that  henceforth  prayers,  imploring  the  assistance  of 
heaven,  and  its  blessings  on  our  deliberations,  be  held  in  this  assembly  every  morning 
before  we  proceed  to  business  ;  and  that  one  or  more  of  the  clergy  of  this  city  be  re 
quested  to  officiate  in  that  service." 


OF  THE  UNITED  STATES.  247 

A  committee  was  chosen  by  ballot,  consisting  of  one  from  each 
state,  and  the  convention  adjourned  for  three  days.*  Fortunate 
ly  the  committee  by  way  of  compromise,  agreed  upon  a  report, 
which  was  made  on  the  day  to  which  the  convention  had  ad 
journed.  They  recommended  two  propositions,  on  the  express 
condition  that  both  should  be  generally  adopted.  The  propo 
sitions  were — 

"  I.  That  in  the  first  branch  of  the  legislature,  each  of  the 
states  now  in  the  union  be  allowed  one  member  for  every  forty 
thousand  inhabitants,  of  the  description  reported  in  the  seventh 
resolution  of  the  committee  of  the  whole  house — that  each  state 
not  containing  that  number  shall  be  allowed  one  member — that 
all  bills  for  raising  or  appropriating  money,  and  for  fixing  the  sal 
aries  of  the  officers  of  the  government  of  the  United  States,  shall 
originate  in  the  first  branch  of  the  legislature,  and  shall  not  be  al 
tered  or  amended  by  the  second  branch — and  that  no  money 
shall  be  drawn  from  the  public  treasury,  but  in  pursuance  of  ap 
propriations  to  be  originated  in  the  first  branch. 

"  II.  That  in  the  second  branch  of  the  legislature,  each  state 
shall  have  one  vote." 

The  power  of  raising  and  appropriating  money,  fixing  the  sala 
ries  of  the  officers,  was  given  to  the  house  of  representatives, 
where  the  states  were  represented  by  the  number  of  their  inhab 
itants,  as  a  balance  to  the  powers  of  the  senate,  where  they  were 
to  be  equally  represented.  On  the  question  of  vesting  the  house 
with  the  exclusive  power  of  raising  and  appropriating  mo 
ney,  and  fixing  the  salaries  of  the  officers,  the  states  were  divi 
ded  in  the  following  manner — Connecticut,  New  Jersey,  Del 
aware,  Maryland,  and  North  Carolina,  in  the  affirmative — 
Pennsylvania,  Virginia,  and  South  Carolina,  in  the  negative — Mas 
sachusetts,  New  York,  and  Georgia,  divided — and  nine  states 

*  This  committee  consisted  of  Mr.  Gerry,  from  Massachusetts;  Mr.  Ellsworth, 
from  Connecticut ;  Mr.  Yates,  from  New  York  ;  Mr.  Patterson,  from  New  Jersey  ; 
Dr.  Franklin,  from  Pennsylvania ;  Mr.  Bedford,  from  Delaware  ;  Mr.  Martin,  from 
Maryland  ;  Mr.  Mason,  from  Virginia ;  Mr.  Davie,  from  North  Carolina  ;  Mr.  Rut- 
ledge,  from  South  Carolina,  and  Mr,  Baldwin,  from  Georgia, 


048  POLITICAL  AND  CIVIL  HISTORY 

against  two,  determined,  that  this  was  a  decision  of  the  question 
in  the  affirmative.  On  that  part  of  the  report  of  the  committee, 
recommending,  that  each  state  have  an  equal  vote  in  the  senate 
— Connecticut,  New  York,  New  Jersey,  Delaware,  Maryland,  and 
North  Carolina,  were  in  the  affirmative — Pennsylvania,  Virginia, 
and  South  Carolina,  in  the  negative — Massachusetts  and  Geor 
gia,  divided. 

We  would  here  state,  that  the  delegates  from  the  state 
of  New  York,  were  Mr.  Yates,  Mr.  Lansing,  jr.,  and  Mr.  Ham 
ilton.  Mr.  Yates  and  Mr.  Lansing,  left  the  convention  about 
the  llth  of  July,  but  Mr.  Hamilton  continued  to  the  close  and 
put  his  signature,  to  the  constitution.  The  two  gentlemen  first 
named,  considered  their  powers  "  were  explicit,  and  confined  to 
the  sole  and  express  purpose  of  revising  the  articles  of  confeder 
ation,  and  that  they  had  no  authority  to  make  so  radical  a  change 
in  the  general  government,  as  a  large  majority  of  the  convention 
contemplated."  On  this  account,  they  returned  home. 

Having  thus  settled  the  great  question  of  the  representation  of 
the  states,  in  the  national  legislature,  the  convention  proceeded 
to  organize  this  great  department  more  in  detail. 

The  representatives  were  to  be  chosen  every  two  years,  and 
the  number  designated  for  the  first  congress,  was  sixty-five.  They 
were  afterwards  to  be  apportioned  among  the  states  according  to 
their  respective  numbers,  which  was  to  be  determined  by  adding 
to  the  whole  number  of  free  persons,  including  those  bound  to 
service  for  a  term  of  years,  and  excluding  Indians  not  taxed, 
three  fifths  of  all  other  persons.  The  enumeration  was  to  be  made 
within  three  years  after  the  first  meeting  of  congress,  and  within 
every  subsequent  term  of  ten  years — and  direct  taxes  were  to  be 
apportioned  among  the  states  in  the  same  manner. 

The  senate  was  to  be  composed  of  two  persons  from  each 
state,  chosen  by  the  legislature  thereof,  for  six  years.  Those  first 
chosen  were  to  be  divided  into  three  classes  ;  the  seats  of  the 
first  class  to  be  vacated  at  the  expiration  of  two  years,  the  se 
cond,  four  years,  and  the  third,  six  years.  The  times,  places,  and 
manner  of  holding  elections  for  senators  and  representatives  was 


OF  THE  UNITED  STATES.  t  249 

to  be  prescribed  by  the  legislature  of  each  state ;  but  a  power  of 
making  or  altering  such  regulations  was  reserved  to  congress, 
except  as  to  the  place  of  choosing  senators. 

The  power  of  the  house  of  representatives  respecting  raising 
money  was  finally  limited  to  originating  all  bills  for  raising  re 
venue  ;  but  the  senate  might  propose  or  concur  with  amend 
ments,  as  in  other  bills. 

The  subject  of  the  powers  of  the  national  government,  was 
one  of  no  little  difficulty,  as  well  as  delicacy.  While  on  the  one 
hand,  it  was  important  they  should  be  adequate  to  the  exigences 
of  the  union,  so  on  the  other,  they  should  be  such,  as  in  all  pro 
bability,  would  secure  the  assent  of  the  American  people. 

A  majority  of  the  convention  at  last  determined  that  congress 
should  be  invested  with  power,  to  lay  and  collect  taxes,  du 
ties,  imposts,  and  excises — to  pay  the  debts  and  provide  for  the 
common  defense  and  general  welfare  of  the  United  States;  all 
duties,  imposts,  and  excises  to  be  uniform  throughout  the  United 
States — to  borrow  money  on  the  credit  of  the  United  States — to 
regulate  commerce  with  foreign  nations,  and  among  the  several 
states,  and  with  the  Indian  tribes — to  establish  a  uniform  rule  of 
naturalization,  and  uniform  laws  on  the  subject  of  bankruptcies 
throughout  the  United  States — to  provide  for  the  punishment  of 
counterfeiting  the  securities  and  current  coin  of  the  United  States 
— to  establish  post  offices  and  post  roads — to  promote  the  pro 
gress  of  science  and  useful  arts,  by  securing,  for  limited  times,  to 
authors  aid  inventors,  the  exclusive  right  to  their  respective  writ 
ings  and  discoveries — to  constitute  tribunals  inferior  to  the  su 
preme  court — to  define  and  punish  piracies  and  felonies  commit 
ted  on  the  high  seas,  and  offences  against  the  law  of  nations — to 
declare  war,  grant  letters  of  marque  and  reprisal,  and  make  rules 
concerning  captures  on  land  and  water — to  raise  and  support  ar 
mies  ;  but  no  appropriation  of  money  to  that  use  to  be  for  a  lon 
ger  term  than  two  years — to  provide  and  maintain  a  navy — to 
make  rules  for  the  government  and  regulation  of  the  land  and 
naval  forces — to  provide  for  calling  forth  the  militia  to  execute 
the  laws  of  the  union,  suppress  insurrections,  and  repel  invasions 

VOL.  II.  32 


250  POLITICAL  AND  CIVIL  HISTORY 

— to  provide  for  organizing,  arming,  and  disciplining  the  militia, 
and  for  governing  such  part  of  them  as  might  be  employed  in  the 
service  of  the  United  States — reserving  to  the  states  the  appoint 
ment  of  the  officers,  and  the  authority  of  training  the  militia  ac 
cording  to  the  discipline  prescribed  by  congress — to  exercise  ex 
clusive  legislation  in  all  cases  whatsoever,  over  such  district,  (not 
exceeding  ten  miles  square,)  as  might,  by  cession  of  particular 
states,  and  the  acceptance  of  congress,  become  the  seat  of  gov 
ernment  of  the  United  States,  and  to  exercise  like  authority  over 
all  places  purchased,  by  the  consent  of  the  legislatures  of  the 
states  in  which  the  same  shall  be,  for  the  erection  of  forts,  maga 
zines,  arsenals,  dockyards,  and  all  other  needful  buildings — and 
to  make  all  laws  necessary  and  proper  for  carrying  into  execu 
tion  these  and  all  other  powers  vested  by  the  constitution  in  the 
government  of  the  United  States,  or  in  any  department  or  officer 
thereof. 

While  the  members  of  the  convention  granted  these  powers  to 
the  general  government ;  they,  at  the  same  time,  by  special  pro 
visions,  limited  their  powers  in  certain  cases,  by  declaring,  that  the 
importation  of  slaves  should  not  be  prohibited  prior  to  the  year 
1808  ;  and  that  no  tax  should  be  imposed  on  such  importation, 
exceeding  ten  dollars  for  each  person — that  the  privilege  of  the 
writ  of  habeas  corpus  should  not  be  suspended  but  in  cases  of  re 
bellion  or  invasion — that  no  bill  of  attainder,  or  ex  post  facto 
law  should  be  passed — that  no  capitation,  or  other  direct  tax 
should  be  laid,  unless  in  proportion  to  the  enumerationtdirected 
to  be  taken  for  the  apportionment  of  representatives — that  no 
tax  or  duty  should  be  laid,  on  articles  exported  from  any  state — 
that  no  preference  should  be  given  by  any  regulation  of  com 
merce  or  revenue  to  the  ports  of  one  state  over  another ;  nor 
should  vessels  bound  to  or  from  one  state,  be  obliged  to  enter, 
clear,  or  pay  duties  in  another — that  no  money  be  drawn  from 
the  treasury,  but  in  consequence  of  appropriations  made  by  law. 
That  no  title  of  nobility  should  be  granted  by  the  United  States  ; 
and  so  jealous  were  they  of  foreign  influence  in  the  national  ad 
ministration,  that  they  prohibited  persons  holding  any  office  of 


OF  THE  UNITED  STATES.  251 

profit  or  trust  under  the  authority  of  the  United  States  from  re 
ceiving,  without  the  consent  of  congress,  any  present,  emolument, 
office,  or  title  of  any  kind  whatever,  from  any  king,  prince,  or  for 
eign  state. 

While  the  convention,  thus  secured  the  people  of  the  United 
States  against  the  exercise  or  abuse  of  power  in  the  general  gov 
ernment  ;  they  deemed  it  important  to  restrain  the  states  them 
selves  from  doing  certain  acts,  prejudicial  to  the  people  or  to  the  un 
ion.  The  states  were,  therefore,  prohibited  from  entering  into  any 
treaty,  alliance,  or  confederation  ;  granting  letters  of  marque  and 
reprisal ;  coining  money  ;  emitting  bills  of  credit ;  making  any  thing 
but  gold  and  silver  a  tender  in  payment  of  debts — they  were  not 
to  pass  any  bill  of  attainder,  ex  post  facto  law,  or  law  impairing 
the  obligation  of  contracts,  or  grant  any  title  of  nobility.  Nor  was 
any  state  permitted,  without  the  consent  of  congress,  to  lay  any  im 
posts  or  duties  on  imports  or  exports,  except  what  might  be  abso 
lutely  necessary  for  executing  its  inspection  laws  ;  and  the  net 
produce  of  all  duties  and  imposts  laid  by  any  state,  on  imports  or 
exports,  were  to  be  for  the  use  of  the  treasury  of  the  United 
States ;  and  all  such  laws  were  to  be  subject  to  the  revision  and 
control  of  congress.  No  state,  without  the  assent  of  congress, 
could  lay  any  duty  of  tonnage,  keep  troops  or  ships  of  war  in 
time  of  peace,  enter  into  any  agreement  or  compact  with  another 
state,  or  with  a  foreign  power,  or  engage  in  war,  unless  actually 
invaded,  or  in  such  imminent  danger  as  would  not  admit  of 
delay. 

To  prevent  the  encroachments  of  the  states  on  the  powers 
of  the  general  government,  some  of  tbe  delegates  deemed  it  ab 
solutely  necessary  that  the  national  legislature  should  possess  a 
right  to  negative  all  state  laws  contravening  the  articles  of  union, 
or  any  treaties  subsisting  under  the  authority  of  the  United 
States  ;  and  this  power  was  embraced  in  the  resolutions  submit 
ted  to  the  convention  by  Mr.  Randolph,  and  agreed  to  in  com 
mittee  of  the  whole. 


252  POLITICAL  AND  CIVIL  HISTORY 

The  proposition,  however,  conferring  this  power  on  the  nation 
al  legislature,  was  finally  rejected,  seven  states  against  three.* 

The  organization  of  a  supreme  executive  presented  many  dif 
ficulties,  arising  not  merely  from  the  nature  of  the  subject,  but 
from  the  complicated  system  of  the  government.  The  mode  of 
choice,  and  whether  to  consist  of  one  or  more  persons,  the  time 
for  which  the  executive  should  be  chosen,  whether  re-eligible, 
and  the  powers  to  be  granted  to  the  person  or  persons,  who  should 
administer  the  government,  were  questions  of  new  impression, 
and  which  the  members  of  the  convention  found  it  extremely  dif 
ficult  to  settle  in  a  manner  satisfactory  even  to  themselves.  Af 
ter  much  deliberation,  on  the  26th  of  July,  a  majority  of  the  states, 
being  six  against  three  and  one  divided,  agreed  to  the  following 
plan — that  a  national  executive  be  instituted — 

To  consist  of  a  single  person  ; 

To  be  chosen  by  the  national  legislature  ; 

For  the  term  of  seven  years ; 

To  be  ineligible  a  second  time  ; 

With  power  to  carry  into  execution  the  national  laws  ; 

To  appoint  to  offices  in  cases  not  otherwise  provided  for  ; 

To-be  removeable  on  impeachment  and  conviction  of  mal 
practice  or  neglect  of  duty  ; 

To  receive  a  fixed  compensation  for  the  devotion  of  his  time 
to  public  service  ; 

To  be  paid  out  of  the  public  treasury.! 

This  plan  was  referred  to  the  committee  appointed  to  prepare 
the  constitution,  and  was  incorporated  in  the  first  draft  report 
ed  by  them. 

This  important  subject  remained  undecided  until  the  31st  of 
August,  when  it  was  referred  to  a  committee  of  one  from  each 

*  The  states  in  favor  of  it,  were  Massachusetts,  Virginia,  and  North  Carolina— 
those  against  it,  Connecticut,  New  Jersey,  Pennsylvania,  Delaware,  Maryland,  South 
Carolina,  and  Georgia. — Journals  of  the  Convention,  p.  183. 

f  On  the  question  of  agreeing  to  this  plan,  New  Hampshire,  Connecticut,  New 
Jersey,  North  Carolina,  South  Carolina,  and  Georgia,  were  in  the  affirmative— Penn 
sylvania,  Delaware,  and  Maryland,  in  the  negative— and  Virginia  was  divided. 


OF  THE  UNITED  STATES.  253 

state  ;  and  on  tho  4th  of  September,  the  committee  reported  an 
entire  new  plan,  which,  after  some  amendments,  was  adopted. 
It  provided  that  the  executive  power  should  be  vested  in  a  presi 
dent  of  the  United  States,  to  hold  his  office  for  jfour  years,  and 
with  the  vice  president,  chosen  for  the  same  term,  be  elected  as 
follows  : — 

Each  state  to  appoint,  in  such  manner  as  the  legislature  there 
of  might  direct,  a  number  of  electors  equal  to  the  whole  number 
of  senators  and  representatives  to  which  the  state  might  be  enti 
tled  in  congress,  but  no  senator  or  representative  or  person  hold 
ing  any  office  of  trust  or  profit  under  the  United  States,  to  be 
appointed  an  elector. 

The  electors  to  meet  in  their  respective  states,  and  vote  by  bal 
lot  for  two  persons,  of  whom  one  at  least  should  not  be  an  inhab 
itant  of  the  same  state  with  themselves.  They  were  to  make  a 
list  of  all  the  persons  voted  for,  and  of  the  number  of  votes  for 
each,  which  list  they  were  to  sign,  certify  and  transmit  sealed  to 
the  seat  of  the  government  of  the  United  States,  directed  to  the 
president  of  the  senate — the  president  of  the  senate,  in  the  pres 
ence  of  the  senate  and  house  of  representatives,  was  to  open  all 
the  certificates  and  the  votes  were  then  to  be  counted.  The  per 
son  having  the  greatest  number  of  votes  to  be  president,  if  such 
number  should  be  a  majority  of  the  whole  number  of  electors  ap 
pointed  ;  and  if  more  than  one  have  such  majority,  and  have  an 
equal  number  of  votes,  then  the  house  of  representatives  were 
immediately  to  choose,  by  ballot,  one  of  them  for  president ;  and 
if  no  person  had  a  majority,  then  from  the  five  highest  on  the  list, 
the  house  were,  in  like  manner,  to  choose  the  president.  But  in 
this  choice,  the  votes  were  to  be  by  states,  the  representatives 
from  each  state  to  have  one  vote — a  quorum  for  this  purpose  to 
consist  of  a  number  of  members  from  two  thirds  of  the  states, 
and  a  majority  of  all  the  states  to  be  necessary  to  a  choice.  In 
every  case,  after  the  choice  of  the  president,  the  person  having 
the  greatest  number  of  the  votes  of  the  electers  to  be  vice-presi 
dent.  But  if  there  should  be  two  or  more  who  had  an  equal 
vote,  the  senate  were  to  choose  from  them,  by  ballot,  the  vice- 
president. 


254  POLITICAL  AND  CIVIL  HISTORY 

Congress  were  to  determine  the  time  of  choosing  the  elec 
tors,  and  the  day  of  giving  in  their  votes,  which  was  to  be  the 
same  throughout  the  United  States. 

No  person,  except  a  natural  born  citizen,  or  a  citizen  of  the 
United  States  at  the  time  of  the  adoption  of  the  constitution  was 
to  be  eligible  to  the  office  of  president,  nor  was  any  person  to  be 
eligible,  who  had  not  attained  to  the  age  of  thirty  five  years,  and 
been  fourteen  years  a  resident  in  the  United  States. 

In  case  of  the  removal  of  the  president  from  office,  or  of  his 
death,  resignation,  or  inability  to  discharge  his  duties,  the  same 
was  to  devolve  on  the  vice-president ;  and  congress  were  to  pro 
vide  by  law,  for  the  case  of  removal,  death,  resignation,  or  ina 
bility  both  of  the  president  and  vice-president,  declaring  what 
officer  should  then  act  as  president,  and  such  officer  was  to  act, 
until  the  disability  should  be  removed,  or  a  president  be  elected. 

The  president  was  to  receive  a  compensation,  which  was  neither 
to  be  increased  nor  diminished,  during  the  period  of  his  election, 
nor  was  he  to  receive  in  that  period  any  other  emolument  from 
the  United  States ;  or  any  of  them.  He  was  to  take  a  solemn 
oath, — "  to  preserve,  protect  and  defend  the  constitution  of  the 
United  States,"  according  to  the  best  of  his  abilities. 

He  was  to  be  commander  in  chief  of  the  army  and  navy 
of  the  United  States,  and  of  the  militia  when  called  into  the 
service  of  the  union  ;  and  he  might  require  the  opinion  in  writ 
ing  of  the  principal  officers  of  each  of  the  executive  departments, 
upon  any  subject  relating  to  the  duties  of  their  respective  offices  ; 
and  also  could  grant  reprieves  and  pardons  for  offenses  against 
the  United  States,  except  in  cases  of  impeachment. 

He  was  likewise  invested  with  power,  by  and  with  the  advice 
and  consent  of  the  senate,  to  make  treaties,  provided  two  thirds 
of  the  senators  present  concurred;  and  he  was  to  nominate,  and 
by  and  with  the  advice  and  consent  of  the  senate,  appoint  ambas 
sadors,  and  other  public  ministers  and  consuls,  judges  of  the  su 
preme  court,  and  all  other  officers  of  the  United  States,  whose 
appointments  were  not  otherwise  provided  for  by  the  constitution, 
and  which  should  be  established  by  law.  But  congress  might  by 


OF  THE  UNITED  STATES.  255 

law  vest  the  appointment  of  such  inferior  officers,  as  they  might 
think  proper,  in  the  president  alone,  in  the  courts  of  law,  or  in 
the  heads  of  departments. 

The  president  was  to  fill  up  all  vacancies  happening  during  the 
recess  of  the  senate,  by  commissions,  to  expire  at  the  eiid  of  their 
next  session. 

It  was  likewise  made  his  duty  to  give  to  congress  from  time 
to  time,  information  of  the  state  of  the  union,  and  recommend  to 
their  consideration,  such  measures  as  he  should  judge  necessary 
and  expedient,  and  on  extraordinary  occasions  to  convene  both 
houses  or  either  of  them,  and  in  case  of  disagreement  between 
them,  as  to  the  time  of  adjournment,  to  adjourn  them— was  to 
receive  ambassadors  and  other  public  ministers — to  take  care 
that  the  laws  be  faithfully  executed,  and  to  commission  all  offi 
cers  of  the  United  States  ;  and  was  liable  to  be  removed  from 
office,  on  impeachment  for.  and  conviction  of  treason,  bribery  or 
other  high  crimes  and  misdemeanors. 

The  president  had  also  a  partial  negative  on  all  bills  or  resolu 
tions  of  both  houses  of  congress. 

These  were  to  be  presented  to  him,  after  they  had  passed  the 
house  aud  senate,  for  his  approbation — if  he  approved,  he  was  to 
sign  them  ;  if  not,  to  return  them,  with  his  objections  in  writing, 
to  the  house  in  which  they  originated,  and  if  not,  on  reconsidera 
tion,  repassed  by  two  thirds  of  both  houses,  were  not  to  be  laws 
©r  valid  acts  of  congress. 

Fewer  obstacles  presented  in  forming  the  third  co-ordinate 
branch  of  the  government,  a  national  judiciary.  This  was  to 
consist  of  a  supreme  court,  and  such  inferior  courts  as  congress 
should  from  time  to  time  establish  ;  all  the  judges  to  hold  their 
offices  during  good  behavior,  and  their  compensation  was  not  to 
be  diminished  during  their  continuance  in  office.  The  judicial 
power  was  to  extend  to  all  cases  in  law  or  equity,  arising  under 
the  constitution,  the  laws  of  the  United  States,  and  treaties  made, 
or  which  should  be  made  under  their  authority  ;  to  all  cases  affect 
ing  ambassadors,  other  public  ministers  and  consuls  ;  to  all  cases 
of  admiralty  and  maritime  jurisdiction ;  to  controversies  to  which 


256  POLITICAL  AND  CIVIL  HISTORY 

the  United  States  should  be  a  party  ;  to  controversies  between 
two  or  more  states,  between  a  state  and  citizens  of  another  state, 
between  citizens  of  different  states,  between  citizens  of  the  same 
state  claiming  lands  under  grants  of  different  states,  and  between 
a  state,  or  the  citizens  thereof,  and  foreign  states,  citizens  or 
subjects. 

In  all  cases  affecting  ambassadors,  other  public  ministers  and 
consuls,  the  supreme  court  had  original  jurisdiction,  and  in  all 
other  cases,  appellate  jurisdiction,  as  to  law  and  fact,  with  such 
exceptions,  and  under  such  regulations  as  congress  should  make. 
The  trial  of  all  crimes,  except  in  cases  of  impeachment,  was  to 
be  by  jury  ;  and  such  trial  was  to  be  held  in  the  state  where 
the  crimes  were  committed ;  but  when  not  committed  within 
any  state,  the  trial  to  be  at  such  place  as  congress  should  by 
law  direct. 

The  convention  thought  proper  to  define  treason  in  the  consti 
tution,  and  not  leave  it  to  legislative  acts.  They  therefore  de 
clared  that  treason  against  the  United  States,  should  consist  only 
in  levying  war  against  them,  or  in  adhering  to  their  enemies, 
giving  them  aid  and  comfort.  And  no  person  was  to  be  convict 
ed  of  this  crime  unless  on  the  testimony  of  two  witnesses  to  the 
same  overt  act,  or  on  confession  in  open  court. 

The  constitution  also  provided,  that  full  faith  and  credit  should 
be  given  in  each  state  to  the  public  acts,  records  and  judicial 
proceedings  of  every  other  state — and  congress  were  by  general 
laws,  to  prescribe  the  manner  in  which  such  acts,  records  and 
judicial  proceedings  should  be  proved,  and  their  effects.  The 
citizens  of  each  state  were  entitled  to  all  the  privileges  and  immu 
nities  of  citizens  of  the  several  states ;  and  fugitives  from  justice 
were  to  be  delivered  up,  on  demand  of  the  executive  authority  of 
the  state  from  which  they  fled— nor  was  any  person  held  to  service 
or  labor  in  one  state,  under  the  laws  of  the  same,  escaping  into 
another,  to  be  discharged  from  such  service,  in  consequence  of 
any  law  of  the  state  to  which  he  had  escaped,  but  was  to  be  de 
livered  up,  on  claim  of  the  party  to  whom  such  service  might  be 
due.  And  the  United  States  guarantied  to  every  state  a  repub- 


OF  THE  UNITED  STATES.  257 

lican  form  of  government,  and  were  to  protect  each  of  them 
against  invasion  ;  and  on  application  of  the  legislature,  or  of  the 
executive,  (when  the  legislature  could  not  be  convened)  against 
domestic  violence. 

Congress  were  authorized  to  admit  new  states  into  the  union  ; 
but  no  new  state  was  to  be  formed  within  the  jurisdiction  of  any 
other  state,  nor  any  state  to  be  formed  by  the  junction  of  two  or 
more  states,  or  parts  of  states,  without  the  consent  of  the  legisla 
tures  of  the  states  concerned. 

All  debts  contracted  or  engagements  entered  into,  before  the 
adoption  of  the  constitution,  were  to  be  as  v*tid  against  the  Uni 
ted  States,  under  the  new  system,  as  under  the  confederation ; 
and  congress  were  invested  with  the  power  of  disposing  and  reg 
ulating  the  territory  or  other  property  belonging  to  the  United 
States. 

The  constitution  itself,  and  all  laws  made  in  pursuance  of  it, 
and  all  treaties  made,  or  to  be  made  under  the  authority  of  the 
United  States,  were  to  be  the  supreme  law  of  the  land,  and  the 
judges  in  every  state  were  to  be  bound  thereby,  any  thing  in  the 
constitution  or  laws  of  any  state  to  the  contrary  notwithstanding. 

The  convention  provided  that  the  ratification  of  nine  states 
should  be  sufficient  for  the  establishment  of  the  new  system 
among  the  states  so  ratifying  the  same.  Having  experienced  the 
evils  arising  from  that  part  of  the  old  system  of  the  general  gov 
ernment,  which  required  the  assent  of  every  state  to  any  amend 
ment,  the  members  of  the  convention  very  wisely  ordered  in  the 
constitution,  that  congress,  whenever  two  thirds  of  both  houses 
deemed  it  necessary,  should  propose  amendments  ;  or  on  the 
application  of  the  legislatures  of  two  thirds  of  the  several 
states,  should  call  a  convention  for  proposing  amendments,  which 
in  either  case,  should  be  valid  as  part  of  the  constitution,  when  ra 
tified  by  the  legislatures  or  conventions  of  three  fourths  of  the 
several  states  ;  with  a  proviso,  however,  that  no  amendment 
which  should  be  made  prior  to  the  year  1808,  should  in  any  man 
ner,  effect  the  rights  of  the  states  to  bring  in  slaves  ;  and  that  no 

VOL.  II.  33 


258  POLITICAL  AND  CIVIL  HISTORY 

state,  without  its  consent,  should  be  deprived  of  its  equal  suffrage 
in  the  senate. 

In  forming  so  complicated  a  system  of  government,  many  ques 
tions  were  presented,  which  probably  few  of  the  members  of  the 
convention  had  previously  contemplated.  It  is  evident,  indeed, 
from  the  journal  of  their  proceedings,  that  the  great  political  edi 
fice  finally  reared  and  completed  by  these  master  builders,  was, 
in  many  respects,  different  from  that  which  most  of  them  had 
originally  conceived  or  planned. 

In  their  deliberations  on  a  subject  so  new,  and  with  so  few 
guides  to  direct  them,  many  propositions  were  made  and  sug 
gested  for  examination  merely,  and  afterwards  given  up  by  the 
movers  themselves — many,  even  after  being  adopted  by  a  major 
ity  of  the  convention,  were  reconsidered  and  rejected. 

Mr.  Hamilton,  not  perfectly  satisfied  with  the  plans  submitted 
by  Mr.  Randolph  or  Mr.  Patterson,  suggested  a  general  plan  of 
his  own,  which  was — that  the  members  of  the  house  of  represen 
tatives  should  be  elected  for  three  years,  and  the  senators  and 
president  or  governor  during  good  behavior — the  senators  to  be 
elected  by  electors  chosen  by  the  people,  and  for  this  purpose  the 
states  to  be  divided  into  election  districts — the  election  of  the 
president  to  be  by  electors,  chosen  by  electors,  who  were  to  be 
chosen  by  the  people  in  the  same  districts — the  president  to  have 
a  negative  on  all  laws  about  to  be  passed,  and  the  execution  of 
all  laws  passed — to  have  the  power,  with  the  advice  of  the  senate, 
to  make  treaties — to  have  the  sole  appointment  of  the  heads  of 
departments,  and  the  nomination  of  all  other  officers,  subject 
to  the  approbation  of  the  senate — the  senate  to  have  the  sole 
power  of  declaring  war — the  supreme  judicial  authority  to  be 
vested  in  judges  to  hold  their  offices  during  good  behavior,  to 
have  original  jurisdiction  in  all  cases  of  capture,  and  appellate 
jurisdiction  in  all  causes,  in  which  the  revenues  of  the  general 
government,  or  the  citizens  of  foreign  nations  were  concerned — 
all  impeachments  to  be  tried  by  a  court  to  consist  of  the  chief  or 
senior  judge  of  the  superior  court  of  law  in  each  state,  provided 
such  judge  hold  his  office  during  good  behavior,  and  had  a  per- 


OF  THE  UNITED  STATES.  259 

manent  salary — the  laws  of  the  states  contrary  to  the  constitu 
tion  or  laws  of  the  United  States,  to  be  utterly  void — the  governor 
of  each  state  to  be  appointed  by  the  general  government,  with  a 
negative  on  the  laws  about  to  be  passed  in  the  state  of  which  he 
was  governor. 

These  are  the  outlines  of  the  plan  suggested  by  Mr.  Hamilton, 
at  an  early  period  of  the  convention,  and  yet  before  the  close,  his 
opinion  with  respect  to  some  part  of  it  was  changed,  particularly 
as  to  the  continuance  of  the  executive  during  good  behavior.* 

*  The  following  letter  from  Col.  Hamilton  to  Col.  Pickering,  will  serve  to  show  not 
only  his  own  views  on  the  subject,  but  the  general  course  of  the  proceedings  in  the 
convention. 

"  New  York,  September  16th,  1803. 

"  My  dear  sir — I  will  make  no  apology  for  my  delay  in  answering  your  inquiry 
some  time  since  made,  because  I  could  offer  none  which  would  satisfy  myself.  I  pray 
you  only  to  believe  that  it  proceeded  from  any  thing  rather  than  want  of  respect  or  re 
gard.  I  shall  now  comply  with  your  request. 

"  The  highest  toned  propositions,  which  I  made  in  the  convention,  were  for  a  pres 
ident,  senate,  and  judges  during  good  behavior— a  house  of  representatives  for  three 
years.  Though  I  would  have  enlarged  the  legislative  power  of  the  general  govern 
ment,  yet  I  never  contemplated  the  abolition  of  the  state  governments  ;  but,  on  the 
contrary,  they  were,  in  some  particulars,  constituent  parts  of  my  plan. 

"  This  plan  was  in  my  conception  conformable  with  the  strict  theory  of  a  govern 
ment  purely  republican  ,  the  essential  criteria  of  which  are,  that  the  principal  organs 
of  the  executive  and  legislative  departments  be  elected  by  the  people,  and  hold  their 
offices  by  a  responsible  and  temporary  or  defeasible  tenure. 

"  A  vote  was  taken  on  the  proposition  respecting  the  executive.  Five  states  were 
in  favor  of  it ;  among  these  Virginia  ;  and  though  from  the  manner  of  voting,  by  de 
legations,  individuals  were  not  distinguished,  it  was  morally  certain,  from  the  known 
situation  of  the  Virginia  members,  (six  in  number,  two  of  them,  Mason  and  Ran 
dolph,  professing  popular  doctrines,)  that  Madison  must  have  concurred  in  the  vote 
of  Virginia.  Thus,  if  I  sinned  against  republicanism,  Mr.  Madison  was  not  less 
guilty. 

"  I  may  truly  then  say,  that  I  never  proposed  either  a  president  or  senate  for  life  ; 
and  that  I  neither  recommended  nor  meditated  the  annihilation  of  the  state  govern 
ments. 

"  And  I  may  add,  that  in  the  course  of  the  discussions  in  the  convention,  neither 
the  propositions  thrown  out  for  debate,  nor  even  those  voted  in  the  earlier  stages  of 
deliberation,  were  considered  as  evidences  of  a  definitive  opinion  in  the  proposer  or 
voter.  It  appeared  to  me  to  be  in  some  sort  understood,  that  with  a  view  to  free  in 
vestigation,  experimental  propositions  might  be  made,  which  were  to  be  received 
paerely  as  suggestions  for  consideration. 


260  POLITICAL  AND  CIVIL  HISTORY 

After  the  great  question  respecting  the  representation  of  the 
states  had  been  settled  by  compromise,  the  members  set  them 
selves  at  work  in  earnest.  They  were  sensible  that  the  old  system 
was  at  an  end,  and  that  unless  a  new  one  should  be  substituted 
and  presented  to  the  consideration  of  the  people,  anarchy  and 
confusion  must  inevitably  follow.  They  were  also  aware  of  the 
necessity  of  providing  a  system,  which  should  be  adequate  to  the 
future,  as  well  as  present  exigences  of  the  nation  ;  a  system  which 
should  secure  obedience  and  tranquility  at  home,  and  command 
attention  and  respect  abroad.  With  a  view  to  the  first  object, 
the  acts  of  the  general  government  were  to  operate  upon  indi 
viduals,  and  not  upon  the  states  themselves. 

Requisitions  upon  the  states,  so  little  regarded  under  the  old 
system,  were  done  away,  and  every  individual  in  the  community 
was  made  amenable  to  the  general  laws.  For  the  purpose  of  self- 
protection,  the  national  legislature  could  not  only  raise  armies 
and  navies,  but  call  forth  the  militia,  to  execute  their  laws  and 
suppress  insurrections,  as  well  as  to  repel  invasions.  By  the  arti- 

"  Accordingly  it  is  a  fact,  that  my  final  opinion  was  against  an  executive  during 
good  behavior,  on  account  of  the  increased  danger  to  the  public  tranquility  incident  to 
the  election  of  a  magistrate  of  this  degree  of  permanency.  In  the  plan  of  a  constitu 
tion  which  I  drew  up  while  the  convention  was  sitting,  and  which  I  communicated  to 
Mr.  Madison  about  the  close  of  it,  perhaps  a  day  or  two  after,  the  office  of  president 
has  no  greater  duration  than  for  three  years. 

"  This  plan  was  predicated  upm  these  bases.  1.  That  the  political  principles  of  the 
people  of  this  country  would  endure  nothing  but  republican  governments.  2.  That,  in 
the  actual  situation  of  the  countiy,  it  was  in  itself  right  and  proper  that  the  republican 
theory  should  have  a  fair  and  full  trial.  3.  That  to  such  a  trial  it  was  essential  that  the 
government  should  be  so  constructed  as  to  give  it  all  the  energy  and  stability  reconcilea- 
ble  with  the  principles  of  that  theory. 

"  These  were  the  genuine  sentiments  of  my  heart,  and  upon  them  I  acted. 

"  I  sincerely  hope,  that  it  may  not  hereafter  be  discovered,  that  through  want  of 
sufficient  attention  to  the  last  idea,  the  experiment  of  republican  government,  even  in 
this  country,  has  not  been  as  complete,  as  satisfactory,  and  as  decisive  as  could  be 
wished. 

"  Very  truly,  dear  sir,  your  friend  and  servant, 

"  TIMOTHY  PICKERING,  ESQ.  A.  HAMILTON." 

Col.  Pickering's  Review  of  Mr,  Adams?  correspondence  with  Cunningham,  %>p- 
172, 173. 


OF  THE  UNITED  STATES.  261 

cles  of  confederation,  the  states  entered  into  "  a  firm  league  of 
friendship  with  each  other,  for  their  common  defense,  the  securi 
ty  of  their  liberties,  and  their  mutual  and  general  welfare,"  &c. 
By  the  new  constitution,  as  the  preamble  declares,  "  the  people" 
united  and  established  a  government,  to  ensure  domestic  tran- 
quility,  provide  for  the  general  welfare,  and  secure  the  blessings 
of  liberty  to  themselves  and  their  posterity. 

As  the  national  legislature  was  invested  with  the  exclusive 
power  of  regulating  commerce  with  foreign  nations,  and  of  course 
could  pass  navigation  acts,  a  difference  arose  between  the 
navigating  and  non-navigating  states,  respecting  the  exercise 
of  this  power.  The  latter  were  jealous,  that  the  former  might 
be  disposed  to  secure  to  themselves  improper  advantages  in  the 
carrying  trade.  In  the  first  draft  of  the  constitution,  therefore, 
the  power  of  congress  was  limited  in  this  respect  by  a  special 
provision,  that  "  no  navigation  acts  should  be  passed,  without  the 
assent  of  two  thirds  of  the  members  present  in  each  house." 

Some  of  the  slave  holding  states  also  wished  to  secure  to  them 
selves  the  right  of  importing  slaves,  free  from  any  tax  or  duty. 
A  clause  was  therefore  at  first  inserted,  declaring  that  congress 
should  not  prohibit  the  importation  of  such  persons  as  the  states 
might  think  proper  to  admit,  nor  lay  any  tax  on  the  persons  so 
imported. 

These  two  subjects  created  no  little  difficulty  in  the  conven 
tion,  and  were  at  last  referred  to  a  committee  of  one  from  a 
state.  This  committee,  by  way  of  compromise,  reported  that 
"  the  migration  or  importation  of  such  persons  as  the  several 
states  now  existing  shall  think  proper  to  admit,  shall  not  be  pro 
hibited  by  the  legislature  prior  to  the  year  1 800  ;  but  a  tax  may 
be  imposed  on  such  migration  or  importation  at  a  rate  not  ex 
ceeding  the  average  of  the  duties  laid  on  imports." 

The  same  committee  also  reported  against  the  provision  re 
quiring  the  assent  of  two  thirds  of  the  members  of  each  house,  to 
pass  navigation  acts.  This  report,  after  an  amendment,  extend 
ing  the  time  of  allowing  such  importation  to  1808,  and  limiting 
the  tax  on  each  person  to  ten  dollars,  was  adopted  by  a  majority 


262  POLITICAL  AND  CIVIL  HISTORY 

of  the  states.*  We  would  here  observe,  that  amendments  were 
proposed  and  even  adopted  until  the  day  when  the  constitution 
was  signed.  It  will  be  remembered,  that  in  the  arrangement 
with  respect  to  the  ratio  of  representation  in  the  house,  there 
was  to  be  one  representative  for  every  forty  thousand  inhabitants. 
This  remained  so,  until  the  last  day  of  the  session,  when  general 
Washington  rose  and  said,  in  effect,  that  "  though  he  was  sensible 
of  the  impropriety  of  the  chairman's  intermingling  in  the  debates, 
yet  he  could  not  help  observing,  that  the  small  number  which 
constituted  the  representative  body,  appeared  to  him  a  defect  in 
the  plan — -that  it  would  better  suit  his  ideas,  and  he  believed  it 
would  be  more  agreeable  to  the  people,  if  the  number  should 
be  increased,  and  that  the  ratio  should  be  one  for  every  thirty 
thousand"  The  motion  for  reducing  the  ratio  to  this  number 
was  immediately  put,  and  almost  unanimously  carried.  This  is 
one  instance  of  the  influence  of  that  great  man  in  this  assembly ; 
and  there  can  be  no  doubt,  his  influence  was  also  felt  in  other 
instances,  though  perhaps  not  in  so  direct  a  manner,  during  the 
long  deliberations  of  that  body. 

Of  the  fifty  five  members  who  attended  this  convention,  thirty 
nine  signed  the  constitution  :t  of  the  remaining  sixteen,  some 
in  favor  of  it  were  obliged  from  particular  business  to  leave  the 
convention  before  it  was  ready  for  signing. J 

The  new  system  was  transmitted  to  congress,  accompanied 
with  the  following  letter  from  the  president  of  the  convention. 

"  We  have  now  the  honor  to  submit  to  the  consideration  of 
the  United  States,  in  congress  assembled,  that  constitution  which 
has  appeared  to  us  the  most  advisable. 

"  The  friends  of  our  country  have  long  seen  and  desired,  that 
the  power  of  making  war,  peace  and  treaties ;  that  of  levying 

*  The  states  in  favor  of  allowing  the  importation  of  slaves  until  1808,  were  New 
Hampshire,  Massachusetts,  Connecticut,  Maryland,  North  Carolina,  South  Carolina, 
and  Georgia — those  against  it  were  New  Jersey,  Peunsylvania,  Delaware  and  Virgin 
ia. — Journals  of  the  Convention,  pp.  285—292. 

t  Note  19. 

\  This,  we  are  assured,  was  the  case  with  Caleb  Strong  of  Massachusetts,  Oliver 
Ellsworth  of  Connecticut,  and  Mr.  Davie  of  North  Carolina. 


OF  THE  UNITED  STATES.  263 

money,  and  regulating  commerce,  and  the  correspondent  exec 
utive  and  judicial  authorities,  shall  be  fully  and  effectually  vested 
in  the  general  government  of  the  union.  But  the  impropriety  of 
delegating  such  extensive  trust  to  one  body  of  men,  is  evident. 
Thence  results  the  necessity  of  a  different  organization.  It  is 
obviously  impracticable,  in  the  federal  government  of  these  states, 
to  secure  all  the  rights  of  independent  sovereignty  to  each,  and 
yet  provide  for  the  interest  and  safety  of  all.  Individuals  enter 
ing  into  society  must  give  up  a  share  of  liberty,  to  preserve  the 
rest.  The  magnitude  of  the  sacrifice  must  depend  as  well  on 
situation  and  circumstances,  as  on  the  object  to  be  obtained.  It 
is  at  all  times  difficult  to  draw  with  precision  the  line  between 
those  rights  which  must  be  surrendered,  and  those  which  may  be 
reserved.  And  on  the  present  occasion  this  difficulty  was  in 
creased  by  a  difference  among  the  several  states,  as  to  their  sit 
uation,  extent,  habits,  and  particular  interests. 

In  all  our  deliberations  on  this  subject  we  kept  steadily  in  our 
view  that  which  appeared  to  us  the  greatest  interest  of  every 
true  American,  the  consolidation  of  our  union,  in  which  is  involv 
ed  our  prosperity,  felicity,  safety,  perhaps  our  national  existence. 
This  important  consideration,  seriously  and  deeply  impressed  on 
our  minds,  led  each  in  the  convention  to  be  less  rigid  in  points  of 
inferior  magnitude,  than  might  have  been  otherwise  expected. 
And  thus  the  constitution  which  we  now  present,  is  the  result  of 
a  spirit  of  amity,  and  of  that  mutual  deference  and  concession, 
which  the  peculiarity  of  our  political  situation  rendered  indispen 
sable. 

That  it  will  meet  the  full  and  entire  approbation  of  every  state, 
is  not,  perhaps,  to  be  expected.  But  each  will  doubtless  consid 
er,  that  had  her  interest  alone  been  consulted,  the  consequences 
might  have  been  particularly  disagreeable  and  injurious  to  others. 
That  it  is  liable  to  as  few  exceptions  as  could  reasonably  have 
been  expected,  we  hope  and  believe ;  that  it  may  promote  the 
lasting  welfare  of  that  country  so  dear  to  us  all,  and  secure  her 
freedom  and  happiness,  is  our  most  ardent  wish." 


264  POLITICAL  AND  CIVIL  HISTORY 

The  convention  recommended  that  the  constitution  should  be 
submitted  to  state  conventions,  and  that  as  soon  as  the  same 
should  be  ratified  by  a  constitutional  majority,  congress  should 
take  measures  for  the  election  of  a  president,  and  fix  the  time 
for  commencing  proceedings  under  it.  This  requisition  was 
immediately  complied  with. 

It  was  not  to  be  expected,  that  so  radical  a  change  in  the 
federal  government,  as  that  recommended  to  the  consideration  of 
the  people,  would  be  adopted  without  opposition.  It  could  not 
be  supposed,  that  the  same  candid  and  calm  deliberation,  the 
same  spirit  of  concession  and  mutual  forbearance  would  prevail 
among  the  great  body  of  the  citizens,  as  among  their  enlightened 
representatives  in  the  convention.  State  pride,  state  feelings, 
state  interests,  as  well  as  state  fears  and  jealousies,  would  natu 
rally  have  influence  in  deciding  so  importont  a  question.  Nor 
could  the  minds  of  a  whole  community,  be  easily  brought  to  har 
monize,  either  on  the  subject  of  the  organization  of  a  national 
government,  or  with  respect  to  the  powers  proper  and  necessary 
to  be  granted  to  those  who  should  be  entrusted  with  its  adminis 
tration.  Preconceived  opinions,  long  established  prejudices,  as 
well  as  interested  views  would  govern  the  minds  of  many  indi 
viduals. 

The  new  system  was  hailed  with  joy  and  even  with  enthusiasm 
by  one  part  of  the  community,  by  another  it  was  viewed  with 
distrust  and  jealousy.  It  immediately  became  the  theme  of  gen 
eral  conversation  and  debate,  and  newspapers  and  pamphlets 
were  the  vehicles  of  conflicting  opinions. 

It  was  a  subject,  indeed,  above  all  others  of  a  political  nature, 
calculated  deeply  to  excite  the  feelings  of  a  free  people  ;  and  the 
talents  of  the  ablest  and  wisest  men  were  employed  in  investigat 
ing  its  merits  and  its  defects.  Many  of  the  publications  of  the 
day  were  of  a  local  and  transitory  nature,  others  were  of  a  differ 
ent  character,  and  would  bear  a  comparison  with  the  productions 
of  statesmen  of  any  age  or  nation.  Among  those  in  favor  of  the 
new  system,  a  series  of  pieces  which  at  first  appeared  in  the 
newspapers,  afterwards  called  the  Federalist,  held  an  eminent 


OF  THE  UNITED  STATES.  265 

rank.  They  contained  a  lucid  exposition  of  the  views  and  rea 
sons  of  the  convention  in  forming  the  constitution,  as  well  as  a 
clear  and  systematic  development  of  the  principles  of  the  system 
itself.  The  public  mind  was  enlightened  by  these  productions, 
and  their  beneficial  effects  were  soon  visible.  These  effects  were 
not  confined  to  the  period  of  their  first  appearance.  The  Federal 
ist  has  since  been  resorted  to  in  doubtful  cases  of  construction,  as 
a  valuable  commentary  on  the  great  charter  of  the  union.  It  has 
long  since  been  known,  they  were  written  by  Mr.  Jay,  Mr.  Mad 
ison,  and  Mr.  Hamilton,  principally  by  the  two  latter  gentlemen, 
who  were  influential  members  of  the  convention. 

The  new  system  came  before  state  conventions  in  1787  and 
1788.  It  was  adopted  unanimously  by  Georgia,  New  Jersey, 
and  Delaware,  and  by  large  majorities  in  Pennsylvania,  Con 
necticut,  Maryland,  and  South  Carolina.  The  state  of  Rhode 
Island  declined  calling  a  convention ;  and  it  was  for  a  time 
doubtful  whether  the  other  states  would  assent  to  it  without  pre 
vious  amendments.  Such,  however,  was  the  situation  of  the 
United  States,  without  government,  without  funds,  burdened  with 
debt,  and  without  the  power  or  means  of  discharging  it,  despised 
abroad,  and  threatened  with  anarchy  at  home,  small  majorities 
were  at  last  induced  to  yield  their  assent,  trusting  to  future  amend 
ments. 

The  convention  of  Massachusetts  met  in  January,  1788,  and  in 
the  first  place  agreed  freely  to  discuss  the  constitution  by  para 
graphs,  until  every  member  had  an  opportunity  of  expressing  his 
sentiments  upon  them — after  this  to  consider  and  debate  the  ques 
tion  at  large,  whether  they  would  adopt  and  ratify  the  constitution, 
before  any  vote  should  be  taken  expressive  of  the  sense  of  the 
convention  on  the  whole  or  any  part  of  it.  To  the  decision  of 
the  people  of  Massachusetts,  the  friends  of  the  system  looked 
with  extreme  solicitude.  Their  decision,  it  was  supposed,  would 
have  great  influence  in  New  Hampshire,  and  in  the  other  states 
which  had  not  yet  acted  on  the  subject.  Men  of  the  first  talents 
were  in  the  convention,  and  great  exertions  were  made  by  them. 
Among  its  advocates  were  to  be  found  James  Bowdoin,  Caleb 

VOL.  II.  34 


266  POLITICAL  AND  CIVIL  HISTORY 

Strong,  Rufus  King,  Ames,  Cabot,  Dawes,  Dana,  Gore,  Gorham, 
Sedgwich,  Parsons,  Sumrier.  Such,  however,  was  the  peculiar 
situation  of  Massachusetts,  that  its  fate  in  the  convention,  was 
for  a  long  time  doubtful. 

The  parties  in  opposition  were  thus  described  at  the  time  by  one 
of  its  members — "  Never  was  there  an  assembly  in  this  state  in 
possession  of  greater  abilities  and  information,  than  the  present 
convention ;  yet  I  am  in  doubt  whether  they  will  approve  the 
constitution.  There  are  unhappily  three  parties  opposed  to  it. 
1.  All  men  who  are  in  favor  of  paper  money  and  tender  laws. 
These  are  more  or  less  in  every  part  of  the  state.  2.  All  the  late 
insurgents,  and  their  abettors.  We  have  in  the  convention 
eighteen  or  twenty  who  were  actually  in  Shay's  army.  3.  A  great 
majority  of  the  members  from  the  province  of  Maine.  Many  of 
them  and  their  constituents  are  only  squatters  upon  other  peo 
ple's  land,  and  they  are  afraid  of  being  brought  to  account. 
They  also  think,  though  erroneously,  that  their  favorite  plan  of 
being  a  separate  state,  will  be  defeated.  Add  to  these,  the  hon 
est  doubting  people,  and  they  make  a  powerful  host."*  In  this 
situation  of  the  convention,  governor  Hancock,  who  had  been 
chosen  president,  but  had  been  detained  by  illness,  took  his  seat, 
and  while  the  general  question  was  under  consideration,  proposed 
certain  amendments  to  be  afterwards  introduced  into  the  con 
stitution. 

Mr.  Hancock,  it  was  supposed,  was  inclined  against  the  sys 
tem  without  amendments.  His  proposition  gave  a  new  aspect 
to  the  question.  The  amendments  were  referred  to  a  committee 
and  reported  with  some  few  alterations.  It  was  now  support 
ed  by  some  who  had  before  been  opposed  ;  and  among  these 
was  Samuel  Adams  who  became  its  warm  advocate.  The 
debate  took  a  new  turn,  and  the  friends  of  the  constitution 
again  urged  with  great  force,  the  importance  and  necessity  of 
accepting  it  with  the  proposed  amendments.  Towards  the  close 
of  this  debate,  Mr.  Ames  thus  concluded  one  of  his  eloquent 

*  Noith  American  Review  for  October,  1827. 


OF  THE  UNITED  STATES.  267 

appeals—"  But  shall  we  put  every  thing  to  hazard  by  rejecting 
this  constitution  ?  We  have  great  advantages  by  it  in  respect  of 
navigation  ;  and  it  is  the  general  interest  of  the  states  that  we 
should  have  them.  But  if  we  reject  it,  what  security  have  we 
that  we  shall  obtain  them  a  second  time  against  the  local  inter 
ests  and  prejudices  of  the  other  states?  Who  is  there  that  really 
loves  liberty,  that  will  not  tremble  for  its  safety,  if  the  federal 
government  should  be  dissolved  ?  Can  liberty  be  safe  without 
government  ? 

"  The  period  of  our  political  dissolution  is  approaching.  An 
archy  and  uncertainty  attend  our  future  state — but  this  we  know, 
that  liberty,  which  is  the  soul  of  our  existence,  once  fled,  can  re 
turn  no  more. 

The  union  is  essential  to  our  being  as  a  nation.  The  pillars 
that  prop  it  are  crumbling  to  powder.  The  union  is  the  vital  sap 
that  nourishes  the  tree.  If  we  reject  the  constitution,  to  use  the 
language  of  the  country,  we  girdle  the  tree,  its  leaves  will  wither, 
its  branches  drop  off,  and  the  mouldering  trunk  will  be  torn 
down  by  the  tempest.  What  security  has  this  single  state 
against  foreign  enemies  ?  Could  we  defend  the  mast  country, 
which  the  British  so  much  desire  ?  Can  we  protect  our  fisheries, 
or  secure  by  treaties  a  sale  for  the  produce  of  our  lands  in  foreign 
markets  ?  Is  there  no  loss,  no  danger,  by  delay  ?  In  spite  of  our 
negligence  and  perverseness,  are  we  to  enjoy  at  all  times  the  pri 
vilege  of  forming  a  constitution,  which  no  other  nation  has  en 
joyed  at  all  ?  We  approve  our  own  form  of  government,  and 
seem  to  think  ourselves  in  safety  under  its  protection.  We  talk 
as  if  there  was  no  danger  of  deciding  wrong.  But  when  the  in 
undation  comes,  shall  we  stand  on  dry  land  ?  The  state  gov 
ernment  is  a  beautiful  structure.  It  is  situated,  however,  on  the 
naked  beach.  The  union  is  the  dyke  to  fence  out  the  flood. 
That  dyke  is  broken  and  decayed,  and  if  we  do  not  repair  it, 
when  the  next  spring  tide  comes,  we  shall  be  buried  in  one  com 
mon  destruction."* 

The  amendments  proposed  by  the  convention,  were  in  sub 
stance,  that  all  powers  not  expressly  delegated  by  the  constitu- 

*  Debates  of  Massachusetts  Convention,  p.  201,  202, 


268  POLITICAL  AND  CIVIL  HISTORY 

tion  were  reserved  to  the  states — that  there  should  be  one  repre 
sentative  to  every  thirty  thousand  persons,  until  the  whole  num 
ber  of  representatives  amounted  to  two  hundred — that  congress 
should  not  exercise  the  powers  vested  in  them  in  the  4th  section 
of  the  first  article,  unless  a  state  should  refuse  to  make  the  regu 
lations  therein  mentioned,  or  make  such  as  were  subversive  of 
the  rights  of  the  people  to  a  free  and  equal  representation 
— that  congress  lay  no  direct  taxes,  but  when  the  monies 
arising  from  impost  and  excise  should  be  insufficient,  nor  then, 
until,  on  a  requisition  by  congress  for  their  proportion,  the  states 
should  have  refused  to  levy  and  pay  the  same  ;  in  which  case, 
congress  might  assess  and  levy  such  state's  proportion  with  inter 
est  at  4  per  cent,  from  the  time  prescribed  in  such  requisition — 
that  congress  should  create  no  company  with  exclusive  advanta 
ges  of  commerce — that  no  person  be  tried  for  any  crime,  by 
which  he  might  incur  an  infamous  punishment,  or  loss  of  life,  un 
til  indicted  by  a  grand  jury,  except  in  the  government  of  the  land 
and  naval  forces — that  the  supreme  judicial  federal  court  should 
have  no  jurisdiction  of  causes  between  citizens  of  different  states, 
unless  the  matter  in  dispute  be  of  the  value  of  three  thousand  dol 
lars  at  least ;  and  that  the  federal  judicial  powers  should  not  ex 
tend  to  any  action  between  citizens  of  different  states,  where  the 
matter  in  dispute  was  not  of  the  value  of  fifteen  hundred  dollars 
— that  in  civil  actions  between  citizens  of  different  states,  every 
issue  of  fact  arising  in  actions  at  common  law,  be  tried  by  a  jury 
if  either  of  the  parties  required  it ;  and  that  congress  should  at  no 
time  consent  that  any  person  holding  an  office  of  trust  or  profit 
under  the  United  States,  should  accept  a  title  of  nobility,  or  any 
other  title  or  office,  from  any  king,  prince,  or  foreign  state. 

The  question  was  taken  on  the  adoption  of  the  constitution, 
on  the  6th  of  February,  1788,  and  carried  187  to  168.  The 
amendments  were  recommended  as  calculated  to  "  remove  the 
fears  and  quiet  the  apprehensions  of  many  of  the  good  people  of 
the  commonwealth,  and  more  effectually  guard  against  the  ad 
ministration  of  the  federal  government."  And  the  convention 
enjoined  it  upon  their  representatives  in  congress,  at  all  times, 
until  such  amendments  should  be  considered  agreeably  to  the 


OF  THE  UNITED  STATES.  269 

fifth  article  of  the  constitution,  to  exert  all  their  influence,  and 
use  all  reasonable  and  legal  methods  to  obtain  a  ratification  of 
them  in  the  manner  provided  in  the  article. 

A  convention  met  in  New  Hampshire  soon  after  the  decision 
in  Massachusetts,  and  after  a  session  of  ten  days,  adjourned  for 
four  months.  Many  of  the  members  were  instructed  to  vote 
against  the  proposed  system.  Some  of  them,  however,  on 
the  discussion  which  took  place,  changed  their  opinions,  but 
felt  bound  by  their  instructions  ;  and  had  the  question  been  then 
taken,  a  majority  would  no  doubt,  have  refused  their  assent.  To 
give  time  for  further  deliberation,  and  afford  an  opportunity  for 
the  people  to  reconsider  their  instructions,  a  small  majority  con 
sented  to  an  adjournment. 

Having  met  again  in  June,  the  convention  of  that  state  adopt 
ed  the  constitution  by  a  majority  of  eleven  only,  and  nearly 
in  the  same  form  and  manner  as  in  Massachusetts.  In  addition 
to  the  amendments  proposed  by  the  latter,  the  former  recom 
mended,  that  no  standing  army  be  kept  up  in  time  of  peace,  un 
less  with  the  consent  of  three  fourths  of  the  members  of  both 
houses  of  congress — that  no  soldiers  in  time  of  peace  be  quarter 
ed  in  private  houses,  without  the  consent  of  the  owners  ;  and  that 
congress  should  make  no  laws  touching  religion,  or  infringing 
the  rights  of  conscience  ;  nor  disarm  any  citizen,  unless  such  as 
were,  or  had  been  in  actual  rebellion. 

Conventions  in  Virginia,  New  York,  and  North  Carolina,  did 
not  assemble  until  the  summer  of  1788. 

Here  opposition  to  the  new  system  was  most  formidable  and 
persevering. 

The  convention  of  Virginia  met  on  the  2d  of  June,  and  the 
talented  men  of  that  large  state  were  arranged  on  opposite  sides. 
Patrick  Henry,  George  Mason,  William  Grayson,  James  Munroe, 
and  others,  were  in  the  ranks  of  opposition  ;  and  they  were  met 
by  Mr.  Pendleton,  Edmund  Randolph,  Mr.  Madison,  John  Mar 
shall,  Mr.  Wythe,  George  Nicholas,  and  others.  The  debates  as 
given  to  the  public,  though  no  doubt  imperfect,  exhibit  a  display 
of  eloquence  and  talents,  certainly  at  that  time,  unequalled  in  this 
country. 


270  POLITICAL  AND  CIVIL  HISTORY 

The  debates,  though  generally  courteous,  were  often  anima 
ted,  sometimes  violent.  Both  parties  were  determined  upon 
victory.  All  the  talents  and  eloquence  of  Patrick  Henry  were 
exerted  against  a  system  which  he  deprecated. 

He  commenced  by  inquiring  why  the  confederation  had  been 
abandoned,  and  what  authority  the  general  convention  had  to 
make  a  consolidated  government. 

"  And  here,"  said  Mr.  Henry,  "  I  would  make  this  inquiry  of 
those  worthy  characters  who  composed  a  part  of  the  late  federal 
convention.  I  am  sure  they  were  fully  impressed  with  the  neces 
sity  of  forming  a  great  consolidated  government,  instead  of  a  con 
federation.  That  this  is  a  consolidated  government  is  demon- 
strably  clear  ;  and  the  danger  of  such  a  government  is,  to  my 
mind  very  striking.  I  have  the  highest  veneration  for  those  gen 
tlemen  ;  but,  sir,  give  me  leave  to  demand,  what  right  had  they 
to  say,  we,  the  people?  My  political  curiosity,  exclusive  of  my 
anxious  solicitude  for  the  public  welfare,  leads  me  to  ask,  who  au 
thorized  them  to  speak  the  language  of,  we,  the  people,  instead  of, 
we,  the  states  ?  States  are  the  characteristics  and  the  soul  of  a 
confederation.  If  the  states  be  not  the  agents  of  this  compact, 
it, must  be  one  great  consolidated  government  of  the  people  of 
all  the  states.  I  have  the  highest  respect  for  those  gentlemen 
who  formed  the  convention,  and  were  not  some  of  them  here,  I 
would  express  some  testimonial  of  esteem  for  them.  America 
had  on  a  former  occasion  put  the  utmost  confidence  in  them  ;  a 
confidence  which  was  well  placed  :  and  I  am  sure,  sir,  I  could 
give  up  any  thing  to  them  ;  I  would  cheerfully  confide  in  them 
as  my  representatives.  But,  sir  !  on  this  great  occasion,  I  would 
demand  the  cause  of  their  conduct.  Even  from  that  illustrious 
man,  who  saved  us  by  his  valor,  I  would  have  a  reason  for  his  con 
duct — that  liberty  which  he  has  given  us  by  his  valor,  tells  me  to 
ask  this  reason — and  sure  I  am,  were  he  here,  he  would  give  us 
this  information.  The  people  gave  them  no  power  to  use  their 
name.  That  they  exceeded  their  power  is  perfectly  clear.  It  is 
not  mere  curiosity  that  actuates  me — I  wish  to  hear  the  real  ac 
tual  existing  danger,  which  should  lead  us  to  take  these  steps  so 


OF  THE  UNITED  STATES.  271 

dangerous  in  my  conception.  Disorders  have  arisen  in  other 
parts  of  America,  but  here,  sir,  no  dangers,  no  insurrection  or  tu 
mult  has  happened — every  thing  has  been  calm  and  tranquil. 
But  notwithstanding  this,  we  are  wandering  on  the  great  ocean 
of  human  affairs.  I  see  no  land  mark  to  guide  us.  We  are  run 
ning  we  know  not  whither.  Difference  of  opinion  has  gone  to  a 
degree  of  inflammatory  resentment  in  some  parts  of  the  country, 
which  has  been  occasioned  by  this  perilous  innovation.  The  fed 
eral  convention  ought  to  have  amended  the  old  system — for  this 
purpose  they  were  solely  delegated  ;  the  object  of  their  mission 
extended  to  no  other  consideration." 

To  this  direct  inquiry,  Mr.  Randolph,  who  was  a  member  of 
the  general  convention,  and  who  first  submitted  to  that  body, 
propositions  for  the  new  system,  replied,  by  saying  among  other 
things,  that  "  the  members  of  the  general  convention  were  par 
ticularly  deputed  to  meliorate  the  confederation.  On  a  thorough 
contemplation  of  the  subject,  they  found  it  impossible  to  amend 
that  system  :  what  was  to  be  done  ?  The  dangers  of  Americar 
which  will  be  shown  at  another  time  by  particular  enumeration, 
suggested  the  expedient  of  forming  a  new  plan  ;  the  confedera 
tion  has  done  a  great  deal  for  us,  we  will  allow,  but  it  was  the 
danger  of  a  powerful  enemy,  and  the  spirit  of  America,  sir,  and 
not  the  energy  of  that  system,  that  carried  us  through  that  peri 
lous  war  ;  for  what  were  its  best  arms  ?  The  greatest  exertions 
were  made,  when  the  danger  was  most  imminent.  This  system 
was  not  signed  till  March,  1781,  Maryland  having  not  acceded 
to  it  before  ;  yet  the  military  achievements  and  other  exertions 
of  America,  previous  to  that  period,  were  as  brilliant,  as  effectual, 
and  successful  as  they  could  have  been  under  the  most  energetic 
government.  This  clearly  shows,  that  our  perilous  situation  was 
the  cement  of  our  union.  How  different  the  scene,  when  this 
peril  vanished  and  peace  was  restored  !  The  demands  of  con 
gress  were  treated  with  neglect.  One  state  complained  that  an 
other  had  not  paid  its  quota,  as  well  as  itself — public  credit  gone 
— for  I  believe  were  it  not  for  the  private  credit  of  individuals,  we 
should  have  been  ruined  long  before  that  time.  Commerce  Ian- 


272  POLITICAL  AND  CIVIL  HISTORY 

guishing — produce  falling  in  value,  and  justice  trampled  under 
foot.  We  became  contemptible  in  the  eyes  of  all  foreign  na 
tions  ;  they  discarded  us  as  little  wanton  boys  who  had  played  for 
liberty,  but  who  had  not  sufficient  solidity  or  wisdom  to  secure  it 
on  a  permanent  basis,  and  were  therefore  unworthy  of  their  re 
gard.  It  was  found  that  congress  could  not  even  enforce  the  ob 
servance  of  their  own  treaties.  That  treaty  under  which  we  en 
joy  our  present  tranquility  was  disregarded.  Making  no  differ 
ence  between  the  justice  of  paying  debts  due  to  people  here,  and 
that  of  paying  those  due  to  people  on  the  other  side  of  the  Atlan 
tic,  I  wished  to  see  the  treaty  complied  with,  by  the  payment  of 
the  British  debts,  but  have  not  been  able  to  know  why  it  has  been 
neglected.  What  was  the  reply  to  the  demands  and  requisitions 
of  congress  ?  You  are  too  contemptible,  we  will  despise  and  dis 
regard  you.  After  meeting  in  convention,"  Mr.  Randolph  added, 
"  the  deputies  from  the  states  communicated  their  information  to 
one  another  ;  on  a  review  of  our  critical  situation,  and  of  the  im 
possibility  of  introducing  any  degree  of  improvement  into  the  old 
system  •,  what  ought  they  to  have  done  ?  Would  it  not  have  been 
treason  to  return  without  proposing  some  scheme  to  relieve  their 
distressed  country  ?" 

The  radical  difference  between  the  parties  in  Virginia,  and  in 
other  states  respecting  the  new  system,  was,  that  it  departed  from 
the  principles  of  a  confederacy,  and  constituted  a  consolidated  na 
tional  government,  vested  with  extensive  powers  operating  not  upon 
the  states,  but  upon  individuals  ;  and  that  the  people  themselves, 
on  whom  it  was  to  operate,  were  not  secured  against  the  impro 
per  exercise  of  those  powers,  by  a  bill  of  rights.  The  loss  of  sove 
reignty  and  of  influence,  was  felt  by  the  large  states  ;  and  led  them 
to  a  more  particular  examination  of  the  various  powers  transfer 
red  to  the  different  departments  of  the  new  government. 

Mr.  Henry  declared  the  new  system  produced  "  a  revolution 
as  radical  as  that  which  separated  us  from  Great  Britain.  It  is 
as  radical,"  he  added,  "  if  in  this  transition,  our  rights  and  privi 
leges  are  endangered,  and  the  sovereignty  of  the  states  be  relin 
quished  :  and  cannot  we  plainly  see,  that  this  is  actually  the  case  ? 


OF  THE  UNITED  STATES.  273 

The  rights  of  conscience,  trial  by  jury,  liberty  of  the  press,  all 
your  immunities  and  franchises,  all  pretensions  to  human  rights 
and  privileges  are  rendered  insecure,  if  not  lost  by  this  change,  so 
loudly  talked  of  by  some,  and  inconsiderately  by  others.  Is  this 
tame  relinquishment  of  rights  worthy  of  freemen  ?  Is  it  worthy 
of  that  manly  fortitude  that  ought  to  characterize  republicans? 
It  is  said  that  eight  states  have  adopted  this  plan.  I  declare  that 
iftwelve  states  and  a  half  had  adopted  it,  I  would  with  manly 
firmness,  and  in  spite  of  an  erring  world,  reject  it."* 

Should  the  system  go  into  operation,  Mr.  Henry  asked,  "  what 
will  the  states  have  to  do  ?  Take  care  of  the  poor,  repair  and 
make  highways,  erect  bridges,  and  so  on  and  so  on.  Abolish 
the  state  legislatures  at  once.  For  what  purposes  should  they  be 
returned  ?" 

A  majority  of  the  convention  were  in  favor  of  very  material 
amendments,  and  the  question  finally  was  whether  it  should  be 
adopted  previous  or  subsequent  to  such  amendments. 

After  a  debate  of  about  twenty  days,  Mr.  Wythe  moved  that 
the  constitution  be  ratified,  with  a  preamble,  declaring,  that  the 
powers  granted  by  it  were  the  gift  of  the  people,  and  that  every 
power  not  granted,  remained  with  them — that  no  right,  there 
fore,  of  any  denomination  could  be  cancelled,  abridged,  re 
strained,  or  modified  by  congress,  or  any  officer  of  the  United 
States,  except  in  those  instances,  in  which  power  was  given 
by  the  constitution  for  those  purposes.  And  among  other  es 
sential  rights,  liberty  of  conscience  and  of  the  press  were  men 
tioned — declaring  also  that  any  imperfections  which  might  ex 
ist  in  the  constitution,  ought  rather  to  be  examined  in  the  mode 
therein  prescribed  for  obtaining  amendments,  than  to  bring  the 
union  in  danger  by  a  delay,  with  a  hope  of  obtaining  previous 
amendments. 

On  this  motion  the  debate  was  renewed  with  increased  zeal 
and  animation.  Mr.  Henry  in  opposition  to  it,  observed — 
14  with  respect  to  subsequent  amendments,  proposed  by  the  wor- 

*  Debates  of  the  Virginia  Convention,  p.  43. 
VOL.  II.  35 


274  POLITICAL  AND  CIVIL  HISTORY 

thy  member,  I  am  distressed  when  I  hear  the  expression.  It  is  a 
new  one  altogether,  and  such  as  stands  against  every  idea  of  for 
titude  and  manliness  in  the  states,  or  any  one  else.  Evils  admit 
ted,  in  order  to  be  removed  subsequently,  and  tyranny  submitted 
to,  in  order  to  be  excluded  by  a  subsequent  alteration,  are  things 
totally  new  to  me.  But  I  am  sure  he  meant  nothing  but  to 
amuse  the  committee.  I  know  his  candor.  His  proposal  is  an 
idea  dreadful  to  me.  I  ask — does  experience  warrant  such  a 
thing  from  the  beginning  of  the  world  to  this  day  ?  Do  you  en 
ter  into  a  compact  of  government  first,  and  afterwards  settle  the 
terms  of  the  government  ?  It  is  admitted  by  every  one,  that  this 
is  a  compact.  Although  the  confederation  be  lost,  it  is  a  com 
pact,  constitution,  or  something  of  that  nature.  I  confess  I  never 
heard  of  such  an  idea  before.  It  is  most  abhorrent  to  my  mind. 
You  endanger  the  tranquility  of  your  country — you  stab  its  re 
pose,  if  you  accept  this  government  unaltered." 

In  the  heat  of  debate  he  added,  "I  cannot  conclude  without 
saying,  that  I  shall  have  nothing  to  do  with  it,  if  subsequent 
amendments  be  determined  on.  Oppressions  will  be  carried  on 
as  radically  by  the  majority  when  adjustments  and  accommoda 
tions  will  be  held  up.  I  say  I  conceive  it  my  duty,  if  this  govern 
ment  is  adopted  before  it  is  amended,  to  go  home— I  shall  act  as 
I  think  my  duty  requires— every  other  gentleman  will  do  the 
same.  Previous  amendments,  in  my  opinion,  are  necessary  to 
procure  peace  and  tranquility.  I  fear,  if  they  be  not  agreed  to, 
every  movement  and  operation  of  government  will  cease,  and 
how  long  that  baneful  thing,  civil  discord,  will  stay  from  this  coun 
try,  God  only  knows." 

The  language  of  Mr.  Henry,  however,  at  the  close  of  this  de 
bate,  and  just  before  the  final  question  was  taken,  was  dispassion 
ate  >and  truly  patriotic.  "  If  I  shall  be  in  the  minority,"  he  said, 
"  I  shall  have  those  painful  sensations  which  arise  from  a  convic 
tion  of  being  overpowered  in  a  good  cause.  Yet  I  will  be  a 
peaceful  citizen  !  My  head,  my  hand,  and  my  heart  shall  be  at 
liberty  to  retrieve  the  loss  of  liberty,  and  remove  the  defects  of 
that  system  in  a  constitutional  way.  I  wish  not  to  go  to  violence. 


OF  THE  UNITED  STATES.  275 

but  will  wait  with  hopes  that  the  spirit  which  predominated  in 
the  revolution,  is  not  yet  gone,  nor  the  cause  of  those  who  are  at 
tached  to  the  revolution  lost.  I  shall  therefore  patiently  wait  in 
expectation  of  seeing  that  government  changed  so  as  to  be  com 
patible  with  the  safety,  liberty,  and  happiness  of  the  people."* 

The  object  of  some  of  its  opponents  was,  that  the  states  of  Vir 
ginia,  North  Carolina,  and  New  York,  should  reject  the  system, 
until  their  amendments  were  agreed  to  by  the  other  states.  This 
it  was  supposed  would  secure  the  adoption  of  such  amendments 
as  they  required.  This,  on  the  other  hand,  was  deemed  too  haz 
ardous  an  experiment ;  and  it  was  urged,  that  it  would  place  the 
union  itself  in  the  greatest  danger.  To  remarks  of  this  kind  Mr. 
Grayson  replied — "  The  dangers  of  disunion  are  painted  in  strong 
colors.  How  is  the  fact  ?  It  is  this — that  if  Virginia  thinks  prop 
er  to  insist  on  previous  amendments,  joined  by  New  York  and 
North  Carolina,  she  can  procure  what  amendments  she  pleases. 
What  is  the  geographical  position  of  those  states  ?  New  York 
commands  the  ocean.  Virginia  and  North  Carolina  join  the 
Spanish  dominions.  What  would  be  the  situation  then  of  the 
other  states  ?  They  would  be  topographically  separated,  though 
politically  united  with  one  another.  There  would  be  no  commu 
nication  between  the  center  and  the  component  parts.  While 
these  states  were  thus  separated,  of  what  advantage  would  com 
mercial  regulations  be  to  them  ?  Yet  will  gentlemen  pretend  to 
say  that  we  must  adopt  first,  and  then  beg  amendments  ?  I  see 
no  reason  in  it.  We  undervalue  our  own  importance.  Consider 
the  vast  consequence  of  Virginia  and  North  Carolina.  What 
kind  of  connection  would  the  rest  of  the  states  form  ?  They  would 
be  carrying  states  without  any  thing  to  carry.  They  would  have 
no  communication  with  the  other  southern  states.  I  therefore 
insist,  that  if  you  are  not  satisfied  with  the  paper  as  it  stands,  it  is 
as  clear  to  me  as  that  the  sun  shines,  that  by  joining  those  two 
states,  you  may  command  such  amendments  as  you  think  neces 
sary  for  the  happiness  of  the  people.  The  late  convention  were 
not  empowered  totally  to  alter  the  present  confederation.  The 

*  Debates  of  the  Virginia  Convention,  pp.  423,  465. 


276  POLITICAL  AND  CIVIL  HISTORY 

idea  was  to  amend.  If  they  have  laid  before  us  a  thing  quite 
different,  we  are  not  bound  to  accept  it — there  is  nothing  dicta 
torial  in  refusing  it — we  wish  to  remove  the  spirit  of  party.  In 
all  parts  of  the  world  there  is  a  reciprocity  in  contracts  and  com 
pacts.  If  one  make  a  proposition  to  another,  is  he  bound  to 
receive  it  ? 

"  Six  or  seven  states  have  agreed  to  it.  As  it  is  not  their  inter 
est  to  stand  by  themselves,  will  they  not  with  open  arms  receive 
us  ?  Tobacco  will  always  make  our  peace  with  them.  I  hope 
then  that  the  gentleman  will  find  on  reconsideration,  that  we  are 
not  at  all  in  that  dangerous  situation  he  represented.  In  my 
opinion,"  he  subjoined,  "  the  idea  of  subsequent  amendments  is 
preposterous — they  are  words  without  meaning.  The  little  states 
will  not  agree  to  an  alteration.  When  they  find  themselves  on 
an  equal  footing  with  the  other  states  in  the  senate  ;  and  all 
power  vested  in  them — the  executive  mixed  with  the  legislative, 
they  will  never  assent.  Why  are  such  extensive  powers  given  to 
the  senate  ?  Because  the  little  states  gained  their  point.  In 
every  light  I  consider  subsequent  amendments  as  unwise  and 
impolitic." 

Speaking  of  the  advantages  Virginia  was  to  derive  from  the 
new  system,  Mr.  Gray  son  asked,  "  has  Virginia  any  gain  from 
her  riches  and  commerce  ?  What  does  she  get  in  return  ?  I  can 
see  what  she  gives  up,  which  is  immense.  The  little  states  gain 
in  proportion  as  we  lose.  Every  disproportion  is  against  us.  If  the 
effects  of  such  a  contrariety  of  interests  be  happy,  it  must  be  ex 
traordinary  and  wonderful.  From  the  very  nature  of  the  paper, 
one  part  whose  interests  is  different  from  the  other,  is  to  govern 
it.  What  will  be  our  situation  ?  The  northern  states  are  carrying 
states.  We  are  considered  as  productive  states.  They  will  con 
stantly  carry  for  us.  Are  manufactures  favorable  to  us?  If  they 
reciprocate  the  act  of  Charles  II.  and  say  that  no  produce  of 
America  shall  be  carried  in  any  foreign  bottom,  what  will  be  the 
consequence  ?  This — that  all  the  produce  of  the  southern  states 
will  be  carried  by  the  northern  states  on  their  own  terms ;  which 
must  be  very  high." 


OF  THE  UNITED  STATES.  277 

The  reply  of  Mr.  Madison  to  the  first  part  of  this  speech,  no 
doubt  produced  a  powerful  effect  in  favor  of  Mr.  Wythe's  motion. 
He  saw  that  the  fate  of  the  system  he  had  been  so  instrumental  in 
forming,  depended  on  the  question  then  to  be  decided.  He  was 
too  well  acquainted  with  the  difficulties  in  the  general  conven 
tion,  to  believe  that  the  states  could  ever  unite  in  the  various 
amendments  which  would  be  proposed. 

"  Nothing  has  excited  more  admiration  in  the  world,"  said  Mr. 
Madison,  "  than  the  manner  in  which  free  governments  have  been 
established  in  America.  For  it  was  the  first  instance  from  the 
creation  of  the  world  to  the  American  revolution,  that  free  inhab 
itants  have  been  seen  deliberating  on  a  form  of  govnrnment,  and 
selecting  such  of  their  citizens  as  possessed  their  confidence,  to 
determine  upon,  and  give  effect  to  it.  But  why  has  this  excited 
so  much  wonder  and  applause?  Because  it  is  of  so  much  mag 
nitude,  and  because  it  is  liable  to  be  frustrated  by  so  many  acci 
dents.  If  it  has  excited  so  much  wonder,  that  the  United  States 
have  in  the  middle  of  war  and  confusion,  formed  free  systems  of 
government,  how  much  more  astonishment  and  admiration  will 
be  excited,  should  they  be  able,  peaceably,  freely,  and  satisfacto 
rily,  to  establish  one  general  government,  when  there  is  such  a 
diversity  of  opinions  and  interests,  when  not  cemented  or  stimu 
lated  by  any  common  danger  ?  How  vast  must  be  the  difficulty 
of  concentrating  in  one  government  the  interests,  and  concili 
ating  the  opinions  of  so  many  different  heterogeneous  bodies  ? 
How  have  the  confederacies  of  ancient  and  modern  times  been 
formed?  As  far  as  ancient  history  describes  the  former  to  us, 
they  were  brought  about  by  the  wisdom  of  some  eminent  sage. 
How  was  the  imperfect  union  of  the  Swiss  Cantons  formed  ?  By 
danger.  How  was  the  confederacy  of  the  United  Netherlands 
formed  ?  By  the  same.  They  were  surrounded  by  dangers.  By 
these  and  one  influential  character,  they  were  stimulated  to  unite. 
How  was  the  Germanic  system  formed  ?  By  danger,  in  some 
degree,  but  principally  by  the  over-ruling  influence  of  individuals. 
When  we  consider  this  government,  we  ought  to  make  great  al 
lowances.  We  must  calculate  the  impossibility  that  every  state 


278  POLITICAL  AND  CIVIL  HISTORY 

should  be  gratified  in  its  wishes,  and  much  less  that  every  indi 
vidual  should  receive  this  gratification.  It  has  never  been  deni 
ed  by  the  friends  of  the  paper  on  the  table,  that  it  has  its  defects. 
But  they  do  not  think  that  it  contains  any  real  danger.  They 
conceive  that  they  will  in  all  probability  be  removed  when  expe 
rience  will  shew  it  to  be  necessary.  I  beg  that  gentlemen  delibe 
rating  on  this  subject,  would  consider  the  alternative.  Either 
nine  states  shall  have  ratified  it  or  they  will  not.  If  nine  states 
will  adopt  it,  can  it  be  reasonably  presumed  or  required,  that 
nine  states  having  freely  and  fully  considered  the  subject,  and 
come  to  an  affirmative  decision,  will,  upon  tire  demand  of  a  sin 
gle  state,  agree  that  they  acted  wrong,  and  could  not  see  its  de 
fects — tread  back  the  steps  which  they  have  taken,  and  come 
forward  and  reduce  it  to  uncertainty,  whether  a  general  system 
shall  be  adopted  or  not?  Virginia  has  always  heretofore  spoken 
the  language  of  respect  to  the  other  states,  and  she  has  always 
been  attended  to.  Will  it  be  that  language,  to  call  on  a  majority 
of  the  states  to  acknowledge  that  they  have  done  wrong  ?  Is  it 
the  language  of  confidence  to  say,  that  we  do  not  believe  that 
amendments  for  the  preservation  of  the  common  liberty  and  gen 
eral  interest  of  the  states,  will  be  consented  to  by  them  ?  This  is 
neither  the  language  of  confidence  nor  respect.  Virginia,  when 
she  speaks  respectfully,  will  be  as  much  attended  to,  as  she  has 
hitherto  been,  when  speaking  this  language.  It  is  a  most  awful 
thing  that  depends  on  our  decision — no  less  than  whether  the 
thirteen  states  shall  unite  freely,  peaceably,  and  unanimously,  for 
the  security  of  their  common  happiness  and  liberty,  or  whether 
every  thing  is  to  be  put  in  confusion  and  disorder  !  Are  we  to 
embark  in  this  dangerous  enterprize,  uniting  various  opinions  to 
contrary  interests,  with  the  vain  hopes  of  coming  to  an  amicable 
concurrence  ? 

It  is  worthy  of  our  consideration,  that  those  who  prepared  the 
paper  on  the  table,  found  difficulties  not  to  be  described,  in  its  for 
mation — mutual  deference  and  concession  were  absolutely  neces 
sary.  Had  they  been  inflexibly  tenacious  of  their  individual  opin 
ions,  they  would  never  have  concurred.  Under  what  circumstan- 


OF  THE  UNITED  STATES.  279 

ces  was  it  formed  ?  When  no  party  was  formed,  or  particular 
proposition  made,  and  men's  minds  were  calm  and  dispassion 
ate.  Yet  under  these  circumstances,  it  was  difficult,  extremely 
difficult,  to  agree  to  any  general  system. 

"Suppose  eight  states  only  should  ratify  it,  and  Virginia  should 
propose  certain  alterations,  as  the  previous  condition  of  her  ac 
cession.  If  they  should  be  disposed  to  accede  to  her  proposition, 
which  is  the  most  favorable  conclusion,  the  difficulty  attending 
it  would  be  immense.  Every  state,  which  has  decided  it,  must 
take  up  the  subject  again.  They  must  not  only  have  the  morti 
fication  of  acknowledging  that  they  have  done  wrong,  but  the 
difficulty  of  having  a  re-consideration  of  it  among  the  people,  and 
appointing  new  conventions  to  deliberate  upon  it.  They  must 
attend  to  all  the  amendments,  which  may  be  dictated  by  as  great 
a  diversity  of  political  opinions,  as  there  are  local  attachments. 
When  brought  together  in  one  assembly  they  must  go  through, 
and  accede  to  every  one  of  the  amendments.  The  gentlemen 
who  within  this  house  have  thought  proper  to  propose  previous 
amendments,  have  brought  no  less  than  forty  amendments — a 
bill  of  rights  which  contains  twenty  amendments,  and  twenty 
other  alterations,  some  of  which  are  improper  and  inadmissible. 
Will  not  every  state  think  herself  equally  entitled  to  propose  as 
many  amendments  ?  And  suppose  them  to  be  contradictory.  I 
leave  it  to  this  convention,  whether  it  be  probable  that  they  can 
agree,  or  agree  to  any  thing  but  ths  plan  on  the  table  ;  or  wheth 
er  greater  difficulties  will  not  be  encountered,  than  were  experi 
enced  in  the  progress  of  the  formation  of  this  constitution." 

The  motion  of  Mr.  Wythe  prevailed  by  a  majority  of  ten,  88 
to  80.  In  the  form  of  ratification,  after  stating  that  every  power 
not  granted  remained  with  the  people,  they  added,  "  with  these 
impressions,  with  a  solemn  appeal  to  the  searcher  of  hearts  for 
the  purity  of  our  intentions,  and  under  the  conviction  that  what 
soever  imperfections  may  exist  in  the  constitution,  ought  rather 
to  be  examined  in  the  mode  prescribed  therein,  than  to  bring  the 
union  into  danger,  by  a  delay  with  a  hope  of  obtaining  amend 
ments  previous  to  the  ratification." 


280  POLITICAL  AND  CIVIL  HISTORY 

The  convention  at  the  same  time,  agreed  upon  a  bill  of  rights, 
consisting  of  twenty  articles,  and  the  same  number  of  amend 
ments  to  the  body  of  the  constitution.  The  most  important  of 
the  latter  were — that  congress  should  not  lay  direct  taxes,  until 
the  states  had  refused  them— that  members  of  the  senate  and  house 
should  be  incapable  of  holding  any  civil  office  under  the  authori 
ty  of  the  United  States — that  no  commercial  treaty  should  be  ra 
tified  without  the  concurrence  of  two  thirds  of  the  whole  number 
of  the  members  of  the  senate,  and  that  no  treaty  ceding  or  sus 
pending  the  territorial  rights  or  claims  of  the  United  States,  or 
any  of  them,  or  their  rights  to  fishing  in  the  American  seas,  or 
navigating  the  American  rivers,  should  be  but  in  cases  of  the 
most  extreme  necessity,  nor  should  any  such  treaty  be  ratified 
without  the  concurrence  of  three  fourths  of  the  whole  number  of 
the  members  of  both  houses — that  no  navigation  law,  or  law  regu 
lating  commerce  should  be  passed,  without  the  consent  of  two 
thirds  of  the  members  present  in  both  houses — that  no  person  be 
capable  of  being  president  of  the  United  States  for  more  than 
eight  years  in  any  term  of  sixteen  years — that  the  judicial  power 
of  the  United  States,  should  extend  to  no  case,  where  the  cause 
of  action  originated  before  the  ratification  of  the  constitution  ; 
except  in  disputes  between  persons  claiming  lands  under  grants 
of  different  states,  and  suits  for  debts  due  to  the  United  States — 
that  congress  should  not  alter,  modify,  or  interfere  in  the  times, 
places,  or  manner  of  holding  elections  for  senators  or  representa 
tives,  or  either  of  them,  except  when  the  legislature  of  any  state 
should  neglect,  refuse  or  be  disabled  by  invasion  or  rebellion  to 
prescribe  the  same — that  the  clauses  which  declare  that  congress 
should  not  exercise  certain  powers,  be  not  interpreted  to  extend 
their  powers  ;  but  be  construed  as  making  exceptions  to  the  spe 
cified  powers,  or  inserted  merely  for  greater  caution — that  the 
laws  ascertaining  the  compensations  of  the  members  be  postpon 
ed  in  their  operation,  until  after  the  election  of  representatives 
immediately  succeeding  the  passage  of  the  same — that  some  tri 
bunal  other  than  the  senate,  be  provided  to  try  impeachment  of 
senators.  The  convention  enjoined  it  upon  their  representatives 


OF  THE  UNITED  STATES.  281 

in  the  first  congress  to  exert  all  their  influence  to  obtain  a  rati 
fication  of  these  amendments,  in  the  manner  provided  by  the 
constitution  ;  and  in  all  congressional  acts  to  conform,  as  far  as 
practicable,  to  the  spirit  of  them. 

A  majority  of  the  convention  of  New  York,  which  met  on  the 
1 7th  of  June,  were  strongly  opposed  to  the  new  system  of  gov 
ernment.  Mr.  Jay,  Mr.  Hamilton,  and  Chancellor  Livingston, 
were  its  principal  advocates,  and  governor  Clinton,  Mr.  Yates, 
Mr.  Lansing,  Mr.  Duane,  and  Melancthon  Smith,  were  most  dis 
tinguished  in  the  opposition.  The  latter  gentlemen  had  great  in 
fluence  in  the  state  ;  and  the  accession  of  Virginia  disappointed 
their  expectations.  Ten  states  had  now  united,  and  the  constitu 
tion  must  necessarily  go  into  operation — no  alternative  was, 
therefore,  left  for  New  York,  but  to  unite  or  secede.  The 
southern  district  of  that  state  gave  strong  intimations  of  a 
determination  to  continue  a  part  of  the  union.  Under  these 
circumstances,  a  small  majority  concurred  with  Virginia,  in 
adopting  the  system,  and  recommending  amendments.  This  ma 
jority  was  only  five,  and  after  a  bill  of  rights  and  numerous 
amendments  were  agreed  to,  it  was  moved,  "that  there  should  be 
reserved  to  the  state  of  New  York,  a  right  to  withdraw  herself 
from  the  union,  after  a  certain  number  of  years,  unless  the  amend 
ments  proposed,  should  previously  be  submitted  to  a  general  con 
vention."  This  motion,  however,  was  negatived.  The  amend 
ments  of  New  York,  were  more  numerous  as  well  as  more  radical, 
than  those  of  any  other  state.  In  addition  to  most  of  the  Massa 
chusetts  amendments,  she  proposed,  among  others  of  less  im 
portance,  that  no  persons,  except  natural  born  citizens,  or  such 
as  were  citizens  on  or  before  the  4th  of  July,  1776,  or  held  com 
missions  under  the  United  States  during  the  war,  and  had  since 
July  4th,  1776,  become  citizens  of  some  one  of  the  states,  should 
be  eligible  to  the  places  of  president,  vice-president,  or  members 
of  congress — that  no  standing  army  be  kept  up  in  time  of  peace, 
without  the  assent  of  two  thirds  of  both  houses— that  congress 
should  not  declare  war  without  the  same  majority — that  the  privi 
lege  of  the  writ  of  habeas  corpus  should  not  be  suspended  for  a  Ion- 

VOL.  II.  36 


282  POLITICAL  AND  CIVIL  HISTORY 

ger  term  than  six  months — that  no  capitation  tax  should  ever  be 
laid — that  no  person  be  eligible  as  a  senator  for  more  than  six  years 
in  any  term  of  twelve  years  ;  and  that  the  state  legislatures  might 
recall  their  senators — that  no  member  of  congress  be  appointed 
to  any  office  under  the  authority  of  the  United  States — that  the 
power  of  congress  to  pass  laws  of  bankruptcy,  should  only  ex 
tend  to  merchants  and  other  traders — that  no  person  be  eligible 
to  the  office  of  president  a  third  time — that  the  president  should 
not  command  an  army  in  the  field  without  the  previous  desire  of 
congress — that  congress  should  not  constitute  any  tribunals  or  in 
ferior  courts,  with  any  other  than  appellate  jurisdiction,  except  in 
causes  of  admiralty  and  maritime  jurisdiction,  and  for  the  trial  of 
piracies  and  felonies  committed  on  the  high  seas ;  and  in  all  other 
cases,  to  which  the  judicial  power  of  the  United  States  extended, 
and  in  which  the  supreme  court  had  not  original  jurisdiction,  the 
causes  should  be  heard  in  the  state  courts,  with  right  of  appeal  to 
the  supreme  or  other  courts  of  the  United  States — that  the  court 
for  the  trial  of  impeachments  should  consist  of  the  senate,  the 
judges  of  the  supreme  court  of  the  United  States,  and  the  senior 
judge  of  the  highest  court  in  each  state — that  persons  aggrieved 
by  any  judgment  of  the  supreme  court  in  any  case  in  which  that 
court  had  original  jurisdiction,  should  be  entitled  to  a  review  of 
the  same  by  commissioners  not  exceeding  seven,  to  be  appointed 
by  the  president  and  senate — that  the  judicial  power  should  ex 
tend  to  no  controversies  respecting  land,  unless  relating  to  claims 
of  territory  or  jurisdiction  between  states,  or  between  individuals, 
or  between  states  and  individuals  under  grants  of  different 
states — that  the  militia  should  not  be  compelled  to  serve  without 
the  limits  of  the  state  for  a  longer  term  than  six  weeks,  without 
the  consent  of  the  legislature  thereof— and  that  congress  should 
not  impose  any  excise  on  any  article,  (ardent  spirits  excepted,)  of 
the  growth,  production,  or  manufacture  of  the  United  States,  or 
any  of  them. 

To  obtain  these  and  other  amendments,  the  convention  ad 
dressed  a  circular  letter  to  the  governors  of  all  the  states,  request 
ing  their  concurrence  in  calling  another  convention.  Referring 


OF  THE  UNITED  STATES.  283 

to  the  new  system,  they  observed,  "  several  articles  in  it,  appear  so 
exceptionable  to  a  majority  of  us,  that  nothing  but  the  fullest  con 
fidence  of  obtaining  a  revision  of  them  by  a  general  convention, 
and  an  invincible  reluctance  to  separating  from  our  sister  states, 
have  prevailed  upon  a  sufficient  number  of  us,  to  ratify  it,  without 
stipulating  for  previous  amendments" 

The  convention  of  North  Carolina  was  in  session  at  the  same 
time  with  that  of  New  York,  and  on  the  first  of  August  refused 
their  assent,  until  a  declaration  of  rights,  with  amendments  to  the 
most  ambiguous  and  exceptionable  parts  of  the  constitution,  should 
be  laid  before  congress  or  a  convention  of  the  states,  that  might 
be  called  for  the  purpose  of  amending  it,  for  their  consideration. 

In  this  conflict  of  opinions  respecting  the  new  system  of  gov 
ernment,  the  views  entertained  of  it  by  such  statesmen  as  Mr. 
Adams  and  Mr.  Jefferson,  both  of  whom  were  in  Europe  at  the 
time  of  its  formation  and  adoption,  could  not  fail  to  have  had  in 
fluence,  nor  can  they  now  be  uninteresting.  The  views  of  the  lat 
ter  were  disclosed  in  his  letters  to  his  friends,  written  when  the  sub 
ject  was  before  the  state  conventions.  Some  of  these  have  lately 
been  given  to  the  public.  He  approved  the  general  organization 
of  the  government,  its  division  into  three  branches,  and  of  the 
powers  granted  to  each.  He  was  particularly  pleased  with  "  the 
compromise  of  the  opposite  claims  of  the  great  and  little  states ; 
and  of  the  mode  of  voting  by  persons,  instead  of  states."  He 
also  liked  the  negative  given  to  the  executive  "  conjointly  with 
a  third  of  either  house  ;"  though  he  would  have  preferred  to  have 
had  the  judiciary  associated  for  this  purpose,  or  invested  with 
separate  powers.*  His  great  objections  were,  the  want  of  a  bill 
of  rights,  and  the  re-eligibility  of  the  president.  To  secure  amend 
ments  calculated  to  remove  these  objections,  his  first  wish  was 
that  nine  states  should  adopt  it,  and  four  refuse  their  assent,  until 
they  were  obtained.  He  afterwards,  however,  gave  a  decid 
ed  preference  to  the  mode  adopted  by  Massachusetts.  On 
the  28th  of  May,  1788,  he  wrote  from  Paris  to  colonel  Edward 

*  Biography  of  Mr.  Jefferson,  vol.  7.  Signers  of  the  Declaration  of  Independence, 
pp.  69,  70. 


284  POLITICAL  AND  CIVIL  HISTORY 

Carrington — "  My  first  wish  was,  that  nine  states  would  adopt  it, 
in  order  to  ensure  what  was  good  in  it,  and  that  the  others  might, 
by  holding  off,  produce  the  necessary  amendments.  But  the  plan 
of  Massachusetts  is  far  preferable,  and  will,  I  hope,  be  followed 
by  those  who  are  yet  to  decide.  There  are  two  amendments  only, 
which  I  am  anxious  for.  First,  a  bill  of  rights,  which  it  is  so  much 
the  interest  of  all  to  have,  that  I  conceive  it  must  be  yielded. 
The  first  amendment  proposed  by  Massachusetts  will  in  some 
degree  answer  this  end,  but  not  so  well,  it  will  do  much  in  some 
instances,  and  too  little  in  others ;  it  will  cripple  the  federal  gov 
ernment  in  some  cases  where  it  ought  to  be  free,  and  not  re 
strain  it  where  restraint  would  be  right.  The  second  amendment 
which  appears  to  me  essential,  is  the  restoring  the  principle  of 
necessary  rotation,  particularly  to  the  senate  and  presidency  ;  but 
most  of  all  to  the  last.  Re-eligibility  makes  him  an  officer  for 
life,  and  the  disasters  inseparable  from  an  elective  monarchy 
render  it  preferable,  if  we  cannot  tread  back  that  step,  that  we 
should  go  forward  arid  take  refuge  in  an  hereditary  one."  • 

In  another  of  the  8th  of  July,  he  says,  "  the  glorious  example 
of  Massachusetts,  of  accepting  unconditionally,  and  pressing  for 
future  amendments  will,  I  hope,  reconcile  all  parties.  The  argu 
ment  is  unanswerable,  that  it  will  be  easier  to  obtain  amendments 
from  nine  states,  under  the  new  constitution,  than  from  thirteen 
after  rejecting  it."* 

While  the  Americans  were  about  revising  their  forms  of  gov 
ernment,  Mr.  Adams,  then  in  England,  wrote  his  able  defense  of 
the  constitutions  of  his  country. 

His  principal  object  was  to  refute  the  erroneous  opinions  of 
Turgot  and  other  learned  men  in  Europe,  respecting  them  ;  par 
ticularly  on  the  subject  of  the  division  of  the  powers  of  govern 
ment.  Mr.  Turgot,  in  speaking  of  the  new  American  constitu 
tions,  had  declared,  "  that  by  most  of  them  the  customs  of  Eng 
land  were  imitated,  without  any  particular  motive.  Instead  of 
collecting,"  he  observed,  "  all  authority  into  one  center,  that  of 
the  nation,  they  have  established  different  bodies,  a  body  of  rep- 

*  North  American  Review  for  October,  1827,  p.  269. 


OF  THE  UNITED  STATES.  285 

rcsentatives,  a  council,  and  a  governor,  because  there  is  in  Eng 
land  a  house  of  commons,  a  house  of  lords  and  a  king."  These 
opinions  Mr.  Adams  combatted  with  success.  The  Americans 
had  indeed  in  their  colonial  state  been  accustomed  to  a  divis 
ion  of  the  powers  of  government ;  and  the  general  principle, 
that  the  legislative,  executive  and  judicial  powers  should  be  kept 
distinct,  had  now  become  a  part  of  their  political  creed.  In  fram 
ing  their  constitutions,  however,  questions  arose,  how  far  the  ex 
ecutive  power  might  in  particular  cases  be  controled  by  a  body, 
constituting  a  part  of  the  legislature  ;  and  on  these  some  of 
the  wisest  politicians  entertained  different  opinions. 

Whether  the  senate  should  have  a  negative  on  presidential 
appointments,  was  a  question  on  which  the  members  of  the  gen 
eral  convention  were  much  divided.  This  power  in  that  body 
did  not  accord  with  Mr.  Adams'  ideas  of  a  well  balanced  gov 
ernment. 

In  this  he  differed  from  some  of  his  old  friends  and  compatri 
ots,  whom  he  met  in  the  first  congress  at  New  York,  under  the 
new  constitution,  in  the  summer  of  1789.  On  this  point  as  well 
as  some  others,  a  correspondence  at  that  time  took  place  between 
him  and  his  friend  Roger  Sherman  of  Connecticut,  who  had  been 
long  engaged  in  political  life,  was  one  of  the  committee  that 
prepared  the  articles  of  confederation,  and  also  a  member  of  the 
general  convention. 

The  following  extracts  from  this  correspondence,  showing  not 
only  the  opinions  of  these  experienced  statesmen,  but  also,  in 
some  degree,  the  views  of  the  convention  on  this  important  part 
of  the  constitution,  will  not,  we  trust,  be  unacceptable  in  this 

place. 

To  some  general  observations  of  Mr.  Sherman  in  favor  of  this 
power  in  the  senate,  Mr.  Adams  made  the  following  objections. 

"  The  negative  of  the  senate  upon  appointments,1'  he  said, 
"  is  liable  to  the  following  objections. 

"1.  It  takes  away,  or  at  least  it  lessens  the  responsibility  of 
the  executive — our  constitution  obliges  me  to  say,  that  it  lessens 
the  responsibility  of  the  president.  The  blame  of  an  hasty,  inju- 


286  POLITICAL  AND  CIVIL  HISTORY 

dicious,  weak,  or  wicked  appointment,  is  shared  so  much  between 
him  and  the  senate,  that  his  part  of  it  will  be  too  small.  Who  can 
censure  him,  without  censuring  the  senate,  and  the  legislatures 
who  appoint  them  ?  all  their  friends  will  be  interested  to  vindicate 
the  president,  in  order  to  screen  them  from  censure  ;  besides,  if 
an  impeachment  is  brought  before  them  against  an  officer,  are 
they  not  interested  to  acquit  him,  lest  some  part  of  the  odium  of 
his  guilt  should  fall  upon  them,  who  advised  to  his  appointment. 

"  2.  It  turns  the  minds  and  attention  of  the  people  to  the  senate, 
a  branch  of  the  legislature,  in  executive  matters  ;  it  interests  an 
other  branch  of  the  legislature  in  the  management  of  the  execu 
tive  ;  it  divides  the  people  between  the  executive  and  the  Senate  : 
whereas  all  the  people  ought  to  be  united  to  watch  the  executive, 
to  oppose  its  encroachments,  and  resist  its  ambition. — Senators 
and  representatives,  and  their  constituents — in  short  the  aristo- 
cratical  and  democratical  divisions  of  society  ought  to  be  united, 
on  all  occasions  to  oppose  the  executive  or  the  monarchial  branch 
when  it  attempts  to  overleap  its  limits.  But  how  can  this  union 
be  effected,  when  the  aristocratical  branch  has  pledged  its  repu 
tation  to  the  executive  by  consenting  to  an  appointment. 

"  3.  It  has  a  natural  tendency,  to  excite  ambition  in  the  sen 
ate.  An  active,  ardent  spirit,  in  that  house,  who  is  rich,  and 
able,  has  a  great  reputation  and  influence,  will  be  solicited  by 
candidates  for  office ;  not  to  introduce  the  idea  of  bribery,  because, 
though  it  certainly  would  force  itself  in,  in  other  countries,  and 
will  probably  here,  when  we  grow  populous  and  rich,  yet  it  is  not 
yet,  I  hope,  to  be  dreaded.  But  ambition  must  come  in,  already. 
A  senator  of  great  influence,  will  be  naturally  ambitious  and  de 
sirous  of  increasing  his  influence.  Will  he  not  be  under  a  temp 
tation  to  use  his  influence  with  the  president  as  well  as  his  brother 
senators,  to  appoint  persons  to  office  in  the  several  states  who 
will  exert  themselves  in  elections  to  get  out  his  enemies  or  oppo- 
sers  both  in  senate  and  house  of  representatives,  and  to  get  in  his 
friends,  perhaps  his  instruments  ?  Suppose  a  senator,  to  aim  at 
the  treasury  office,  for  himself,  his  brother,  father,  or  son.  Sup 
pose  him  to  aim  at  the  president's  chair,  or  vice-president,  at  the 


OF  THE  UNITED  STATES.  287 

next  election — or  at  the  office  of  war,  foreign  or  domestic  affairs, 
will  he  not  naturally  be  tempted  to  make  use  of  his  whole  patron 
age,  his  whole  influence,  in  advising  to  appointments,  both  with 
president  and  senators,  to  get  such  persons  nominated,  as  will  ex 
ert  themselves  in  elections  of  president,  vice-president,  senators, 
and  house  of  representatives,  to  increase  his  interest  and  promote 
his  views.  In  this  point  of  view,  I  am  very  apprehensive  that  this 
defect  in  our  constitution,  will  have  an  unhappy  tendency  to  in 
troduce  corruption  of  the  grossest  kinds,  both  of  ambition  and 
avarice,  into  all  our  elections.  And  this  will  be  the  worst  of  poi 
sons  to  our  constitution  ;  it  will  not  only  destroy  the  present  form 
of  government,  but  render  it  almost  impossible  to  substitute  in 
its  place  any  free  government,  even  a  better  limited  monarchy, 
or  any  other  than  a  despotism  or  a  simple  monarchy. 

"  4.  To  avoid  the  evil  under  the  last  head,  it  will  be  in  danger 
of  dividing  the  continent  into  two  or  three  nations,  a  case  that 
presents  no  prospect  but  of  perpetual  war. 

"  5.  This  negative  on  appointments,  is  in  danger  of  involving 
the  senate  in  reproach,  obloquy,  censure,  and  suspicion,  without 
doing  any  good.  Will  the  senate  use  their  negative  or  not— if 
not ;  why  should  they  have  it — many  will  censure  them  for  not 
using  it — many  will  ridicule  them,  call  them  servile,  &c.,  if  they 
do  use  it.  The  very  first  instance  of  it,  will  expose  the  senators 
to  the  resentment  not  only  of  the  disappointed  candidate  and  all 
his  friends,  but  of  the  president  and  all  his  friends  ;  and  those  will 
be  most  of  the  officers  of  government,  through  the  nation. 

"  6.  We  shall  very  soon  have  parties  formed — a  court  and  coun 
try  party — and  these  parties  will  have  names  given  them,  one  par 
ty  in  the  house  of  representatives  will  support  the  president  and 
his  measures  and  ministers — the  other  will  oppose  them — a  simi 
lar  party  will  be  in  the  senate — these  parties  will  struggle  with  all 
their  art,  perhaps  with  intrigue,  perhaps  with  corruption  at  every 
election  to  increase  their  own  friends  and  diminish  their  oppo- 
sers.  Suppose  such  parties  formed  in  senate,  and  then  consider 
what  factions,  divisions,  we  shall  have  there,  upon  every  nomina 
tion. 


288  POLITICAL  AND  CIVIL  HISTORY 

"  7.  The  senate  have  not  time.  You  are  of  opinion  "that  the 
concurrence  of  the  senate  in  the  appointment  to  office,  will 
strengthen  the  hands  of  the  executive,  and  secure  the  confidence 
of  the  people,  much  better  than  a  select  council,  and  will  be  less 
expensive,"  but  in  every  one  of  these  ideas,  I  have  the  misfor 
tune  to  differ  from  you.  It  will  weaken  the  hands  of  the  exec 
utive,  by  lessening  the  obligation,  gratitude,  and  attachment  of 
the  candidate  to  the  president,  by  dividing  his  attachment  between 
the  executive  and  legislature  which  are  natural  enemies. 

"Officers  of  government,  instead  of  having  a  single  eye  and 
undivided  attachment  to  the  executive  branch,  as  they  ought  to 
have,  consistent  with  law  and  the  constitution,  will  be  constantly 
tempted  to  be  factious  with  their  factious  patrons  in  the  senate. 
The  president's  own  officers  in  a  thousand  instances  will  oppose 
his  just  and  constitutional  exertions,  and  screen  themselves  under 
the  wings  of  their  patrons  and  party  in  the  legislature.  Nor  will 
it  secure  the  confidence  of  the  people  ;  the  people  will  have  more 
confidence  in  the  executive,  in  executive  matters,  than  in  the  sen 
ate.  The  people  will  be  constantly  jealous  of  factious  schemes 
in  the  senators  to  unduly  influence  the  executive,  and  of  corrupt 
bargains  between  the  senate  and  executive,  to  serve  each  others 
private  views.  The  people  will  also  be  jealous  that  the  influence 
of  the  senate  will  be  employed  to  conceal,  connive,  and  defend 
guilt  in  executive  officers,  instead  of  being  a  guard  and  watch 
upon  them,  and  a  terror  to  them — a  council  selected  by  the  pres 
ident  himself  at  his  pleasure,  from  among  the  senators,  represen 
tatives,  and  nation  at  large,  would  be  purely  responsible — in  that 
case,  the  senate  as  a  body  would  not  be  compromised.  The  sen 
ate  would  be  a  terror  to  privy  councillors — its  honor  would  never 
be  pledged  to  support  any  measure  or  instrument  of  the  execu 
tive,  beyond  justice,  law,  and  the  constitution.  Nor  would  a  pri 
vy  council  be  more  expensive.  The  whole  senate  must  now  de 
liberate  on  every  appointment,  and,  if  they  ever  find  time  for  it. 
you  will  find  that  a  great  deal  of  time  will  be  required  and  con 
sumed  in  this  service.  Then  the  president  might  have  a  constant 
executive  council  ;  now  he  has  none. 


OF  THE  UNITED  STATES.  289 

"  I  said  under  the  seventh  head  that  the  senate  would  not  have 
time.  You  will  find  that  the  whole  business  of  this  government 
will  be  infinitely  delayed,  by  this  negative  of  the  senate  on  trea 
ties  and  appointments.  Indian  treaties  and  consular  conventions 
have  been  already  waiting  for  months,  and  the  senate  have  not 
been  able  to  find  a  moment  of  time  to  attend  to  them  ;  and  this 
evil  must  constantly  increase,  so  that  the  senate  must  be  constant 
ly  sitting,  and  must  be  paid  as  long  as  they  sit. 

"  But  I  have  tired  your  patience.  Is  there  any  truth  or  im 
portance  in  these  broken  hints  and  crude  surmises  or  not  ?  To 
me  they  appear  well  founded  and  very  important." 

To  these  remarks  Mr.  Sherman  replied,  that  he  esteemed  "  the 
provision  made  for  appointments  to  office,  to  be  a  matter  of  very 
great  importance,  on  which  the  liberties  and  safety  of  the  people 
depended,  nearly  as  much  as  on  legislation.  If  that  was  vested 
in  the  president  alone  he  might  render  himself  despotic.  It  was 
a  saying  of  one  of  the  kings  of  England, '  that  while  the  king  could 
appoint  the  bishops  and  judges,  he  might  have  what  religion  and 
laws  he  pleased."1  To  give  that  observation  its  full  effect,  they 
must  hold  their  offices  during  his  pleasure  ;  by  such  appointments 
without  control,  a  power  might  be  gradually  established,  that 
would  be  more  formidable  than  a  standing  army.  < 

"  It  appears  to  me  that  the  senate  is  the  most  important  branch 
in  the  government,  for  the  aid  and  support  of  the  executive,  for 
securing  the  rights  of  the  individual  states,  the  government  of  the 
United  States  and  the  liberties  of  the  people.  The  executive  is 
not  to  execute  its  own  will,  but  the  will  of  the  legislature  declared 
by  the  laws,  and  the  senate  being  a  branch  of  the  legislature,  will 
be  disposed  to  accomplish  that  end  ;  and  advise  to  such  appoint 
ments  as  will  be  most  likely  to  effect  it;  from  their  knowledge  of 
the  people  in  the  several  states,  they  can  give  the  best  information 
who  are  qualified  for  office.  And  they  will,  as  you  justly  observe, 
in  some  degree  lessen  his  responsibility,  yet  will  he  not  have  as 
much  remaining  as  he  can  well  support  ?  and  may  not  their  ad 
vice  enable  him  to  make  such  judicious  appointments  as  to  ren- 

VOL.  II.  37 


POLITICAL  AND  CIVIL  HISTORY 

der  responsibility  less  necessary  ?  no  person  can  deserve  censure 
when  he  acts  honestly  according  to  his  best  discretion. 

"  The  senators  being  chosen  by  the  legislatures  of  the  states, 
and  depending  on  them  for  re-election,  will  naturally  be  watchful 
to  prevent  any  infringement  of  the  rights  of  the  states.  And  the 
government  of  the  United  States  being  federal,  and  instituted  by 
a  number  of  sovereign  states  for  the  better  security  of  their  rights, 
and  advancement  of  their  interests,  they  may  be  considered  as  so 
many  pillars  to  support  it,  and  by  the  exercise  of  the  state  gov 
ernments,  peace  and  good  order  may  be  preserved  in  the  places 
most  remote  from  the  seat  of  the  federal  government  as  well  as 
at  the  centre. 

"  I  believe  this  will  be  a  better  balance  to  secure  the  govern 
ment,  than  three  independent  negatives  would  be. 

"  I  think  you  admit  in  your  defense  of  the  governments  of  the 
United  States,  that  even  one  branch  might  serve  in  a  diplomatic 
government  like  that  of  the  union  ;  but  I  think  the  constitution  is 
much  improved  by  the  addition  of  another  branch,  and  those  of 
the  executive  and  judiciary.  This  seems  to  be  an  improvement 
on  federal  government  beyond  wh'at  has  been  made  by  any  oth 
er  states.  I  can  see  nothing  in  the  constitution  that  will  tend  to 
its  dissolution  except  the  article  for  making  amendments. 

"  That  the  evils  that  you  suggest  may  happen  in  consequence 
of  the  power  vested  in  the  seriate  to  aid  the  executive,  appear 
to  me  to  be  but  barely  possible.  The  senators,  from  the  provis 
ion  made  for  their  appointment,  will  commonly  be  some  of  the 
most  respectable  citizens  in  the  states  for  wisdom  and  probity, 
and  superior  to  faction,  intrigue,  or  low  artifice,  to  obtain  appoint 
ments  for  themselves  or  their  friends,  and  any  attempts  of  that  kind 
would  destroy  their  reputation  with  a  free  and  enlightened  people, 
and  so  frustrate  the  end  they  would  have  in  view.  Their  being 
candidates  for  re-election,  will  probably  be  one  of  the  most  pow 
erful  motives  (next  to  that  of  their  virtue)  to  fidelity  in  office,  and 
by  that  mean  alone  would  they  hope  for  success.  4  He  that  walk- 
eth  uprightly,  walketh  surely,'  is  the  saying  of  a  divinely  inspired 
writer — they  will  naturally  have  the  confidence  of  the  people,  as 


OF  THE  UNITED  STATES.  231 

they  will  be  chosen  by  their  immediate  representatives,  as  well  as 
from  their  characters,  as  men  of  wisdom  and  integrity.  And  I 
see  not  why  all  the  branches  of  government  should  not  harmonize 
in  promoting  the  great  end  of  their  institution,  the  good  and  hap 
piness  of  the  people. 

"  The  senators  and  representatives  being  eligible  from  the  citi 
zens  at  large,  and  wealth  not  being  a  requisite  qualification  for 
either,  they  will  be  persons  nearly  equal  as  to  wealth  and  other 
qualifications,  so  that  there  seems  not  to  be  any  principle  tending 
to  aristocracy ;  which,  if  I  understand  the  term,  is  a  government 
by  nobles,  independent  of  the  people,  which  cannot  take  place 
with  us  in  either  respect,  without  a  total  subversion  of  the  consti 
tution.  I  believe  the  more  this  provision  of  the  constitution  is 
attended  to  and  experienced,  the  more  the  wisdom  and  utility  of 
it  will  appear.  As  senators  cannot  hold  any  other  office  them 
selves,  they  will  not  be  influenced  in  their  advice,to  the  president 
by  interested  motives.  But  it  is  said  they  may  have  friends  and 
kindred  to  provide  for ;  it  is  true  they  may,  but  when  we  consider 
their  character  and  situation,  will  they  not  be  diffident  of  nomi 
nating  a  friend  or  relative  who  may  wish  for  an  office  and  be  well 
qualified  for  it,  lest  it  should  be  suspected  to  proceed  from  parti 
ality  ?  And  will  not  their  fellow  members  have  a  degree  of  the 
same  reluctance,  lest  it  should  be  thought  they  acted  from  friend 
ship  to  a  member  of  their  body  ?  so  that  their  friends  and  con 
nections  would  stand  a  worse  chance,  in  proportion  to  their  real 
merit,  than  strangers.  But  if  the  president  was  left  to  select  a 
council  for  himself,  though  he  may  be  supposed  to  be  actuated 
by  the  best  motives— yet  he  would  be  surrounded  by  flatterers, 
who  would  assume  the  character  of  friends  and  patriots,  though 
they  had  no  attachment  to  the  public  good,  no  regard  to  the  laws 
of  their  country,  but  influenced  wholly  by  self  interest,  would 
wish  to  extend  the  power  of  the  executive  in  order  to  increase 
their  own ;  they  would  often  advise  him  to  dispense  with  laws  that 
should  thwart  their  schemes,  and  in  excuse  plead  that  it  was 
done  from  necessity  to  promote  the  public  good — they  will  use 
their  own  influence,  induce  the  president  to  use  his  to  get  laws 


291  POLITICAL  AND  CIVIL  HISTORY,  &c. 

repealed,  or  the  constitution  altered  to  extend  his  powers  and 
prerogatives,  under  pretext  of  advancing  the  public  good,  and 
gradually  render  the  government  a  despotism.  This  seems  to  be 
according  to  the  course  of  human  affairs,  and  what  may  be  ex 
pected  from  the  nature  of  things.  I  think  that  members  of  the 
legislature  would  be  most  likely  duly  to  execute  the  laws  both  in 
the  executive  and  judiciary  departments."* 

The  ratification  of  the  constitution  by  the  state  of  New  Hamp 
shire,  being  the  ninth  in  order,  was  laid  before  congress,  on  the 
2d  of  July,  1788,  and  with  the  ratifications  of  the  other  states, 
referred  to  a  committee,  to  report  an  act  for  carrying  the  new 
system  into  operation.  An  act  for  this  purpose  was  reported  on 
the  14th  of  the  same  month,  but  in  consequence  of  a  division 
as  to  the  place  where  the  first  congress  should  meet,  did  not 
pass  until  the  1 3th  of  September  following.  By  this  act,  the  elec 
tors  of  president  were  to  be  appointed  on  the  first  Wednesday  of 
January,  1787,  and  to  give  in  their  votes  on  the  first  Wednesday 
of  the  succeeding  February  ;  the  first  Wednesday  of  March,  be 
ing  the  4th  day  of  that  month,  was  fixed  as  the  time,  and  the  city 
of  New  York,  as  the  place  for  commencing  proceedings  under  the 
new  constitution. 

Before  noticing  these  proceedings,  we  shall  give  a  brief  view 
of  the  state  constitutions. 

*  MSS  Letters. 


CHAPTER  XIX. 

States  institute  forms  of  government  agreeably  to  the  advice  of  congress-States  of 
Connecticut  and  Rhode  Island  proceed  according  to  their  charters-Massachusetts 
at  first  conform  to  their  charter  as  far  as  practicable-New  Hampshire,  South  Caro 
lina,  Virginia,  New  Jersey,  Pennsylvania,  Delaware,  Maryland,  and  North  Carolina, 
establish  new  governments  in  the  course  of  the  year  1776-Those  of  New  Hamp 
shire,  South  Carolina,  and  New  Jersey,  limited  to  the  continuance  of  the  disputes 
with  Great  Britain-General  principles  and  outlines  of  these  constitutions-New 
York  establishes  a  government  in  1777-Its  general  features-Constitution  o 
Massachusetts  not  finally  completed  until  1780— Vermont  not  a  part  of  the  union 
until  1791— Claimed  by  New  York  and  New  Hampshire-Declares  independenc 
in  1777— Outlines  of  her  constitution,  formed  in  1786— Constitution  of  Georgia  as 
established  in  1789- After  the  formation  and  adoption  of  the  general  government, 
principles  of  making  constitutions  better  understood-Pennsylvania,  New  Hamp 
shire,  South  Carolina,  and  Delaware,  revise  and  alter  their  systems  of  government. 

IT  will  be  remembered  that  on  the  10th  of  May,  1776,  congress 
recommended  to  the  assemblies  and  conventions  of  the  several 
colonies  where  no  governments  sufficient  to  the  exigences  of  their 
affairs  had  been  established,  to  adopt  such  systems,  as,  in  the 
opinion  of  the  representatives  of  the  people  would  best  con 
duce  to  the  happiness  and  safety  of  their  constituents  in  particu 
lar,  and  America  in  general. 

The  difficulties  in  forming  state  governments  or  constitutions, 
were  much  less  than  in  forming  a  system,  embracing  all  the  states. 
The  people  had  long  been  familiar  with  the  civil  institutions  of 
their  respective  states,  and  could  with  comparative  ease  make 
such  alterations,  as  would  suit  their  new  political  situation.  The 
people  of  the  states  of  Connecticut  and  Rhode  Island,  as  we  have 
before  noticed  in  our  colonial  summary,  had  from  their  first  settle 
ment,  chosen  all  their  rulers,  and  in  these  states,  a  change  of 
forms  was  only  requisite. 

Massachusetts,  after  the  alteration  of  her  charter  by  parliament, 
agreeably  to  the  advice  of  congress,  continued  her  old  system,  as 
far  as  practicable,  until  she  was  able  and  had  leisure  to  form  a 


294  POLITICAL  AND  CIVIL  HISTORY 

new  and  more  permanent  one.  From  the  peculiar  situation  of 
New  Hampshire,  South  Carolina,  and  Virginia,  congress  in  the 
latter  part  of  the  year  1 775,  recommended  to  them,  if  they  judged 
it  necessary  for  their  peace  and  security,  to  establish  governments 
to  continue  during  the  disputes  with  Great  Britain.  In  pursuance 
of  these  recommendations,  the  states  of  New  Hampshire,  South 
Carolina,  Virginia,  New  Jersey,  Pennsylvania,  Delaware,  Mary 
land,  and  North  Carolina,  during  the  year  1776,  established  new 
systems  of  government.  Those  of  New  Hampshire,  South  Car 
olina,  New  Jersey  and  Virginia  were  adopted  before  the  final 
declaration  of  independence,  and  with  the  exception  of  that  of 
Virginia,  were  expressly  limited  in  their  duration  to  the  contin 
uance  of  the  dispute  between  the  colonies  and  Great  Britain. 

We  would  here  observe,  that  in  all  the  constitutions  thus  form 
ed,  except  that  of  Pennsylvania,  the  legislative  power  was  vested 
in  two  branches,  each  having  a  negative. 

The  constitution  of  New  Hampshire  was  comprised  in  a  few 
short  paragraphs.  In  January,  1776,  the  representatives  who 
had  met  in  a  provincial  congress,  assumed  the  name,  power  and 
authority  of  a  house  of  representatives  or  an  assembly  of  the  col 
ony  of  New  Hampshire  ;  and  as  a  house  proceeded  to  elect 
twelve  persons  from  the  several  counties,  who  were  to  constitute 
a  distinct  and  separate  branch  of  the  legislature,  by  the  name  of 
a  council,  to  continue  until  the  third  Wednesday  of  December 
then  next,  seven  to  be  a  quorum  to  do  business.  The  council  to 
appoint  their  president ;  and  no  act  or  resolve  was  to  be  valid 
or  put  in  execution,  unless  passed  by  both  branches — all  public 
officers,  with  the  exception  of  clerks  of  courts,  to  be  appointed  by 
the  council  and  assembly — and  all  money  bills  to  originate  in 
the  house.  Should  the  disputes  with  Great  Britain  continue 
longer  than  the  year  1776,  and  the  general  congress  should  give 
no  instructions  to  the  contrary,  it  was  provided,  that  the  council 
be  chosen  by  the  people  in  each  county,  in  such  manner  as  the 
council  and  house  should  order — all  general  and  field  officers  of 
the  militia,  in  case  of  vacancy,  and  all  officers  of  the  army  to  be 
appointed  by  the  two  houses ;  but  in  case  of  emergency,  the 


OF  THE  UNITED  STATES.  295 

officers  of  the  army  might  be  appointed  otherwise,  as  the  houses 
should  direct — all  civil  officers,  with  the  exception  of  some  of 
minor  importance,  were  also  to  be  chosen  by  the  legislature,  and 
all  writs  of  election  to  be  issued  in  the  name  of  the  council  and 
assembly,  signed  by  the  president  and  speaker. 

This  form  of  goveroment,  imperfect  as  it  was,  continued 
through  the  war  of  the  revolution,  and  until  the  year  1792,  when 
a  new  constitution  was  substituted,  similar  to  that  which  had' 
been  established  in  Massachusetts. 

In  February,  1776,  the  provincial  congress  of  South  Carolina, 
chose  a  committee  of  eleven,  "  to  prepare  and  report  a  plan  or 
form  of  government,  as  would  best  promote  the  happiness  of  the 
people,  and  would  most  effectually  secure  peace  and  good  order 
in  the  colony,  during  the  continuance  of  the  dispute  between 
Great  Britain  and  the  colonies.1'* 

On  the  5th  of  March,  this  committee  reported  a  plan  of  civil 
government,  which  was  under  consideration  until  the  24th,  when 
it  was  adopted. 

While  this  important  subject  was  under  debate,  the  prohibitory 
act  of  parliament  of  the  December  preceding  arrived,  and  in  a 
great  measure  silenced  opposition. 

This  congress,  like  that  of  New  Hampshire,  resolved  itself  into 
a  "general  assembly,"  to  continue  until  the  21st  of  October  of 
the  same  year. 

The  general  assembly,  from  their  own  body,  elected  by  ballot, 
a  legislative  council,  to  consist  of  thirteen  members,  to  continue 
for  the  same  period — the  council  and  assembly  were  jointly  to 
elect  a  president,  and  commander  in  chief,  and  a  vice-president  : 
and  the  legislative  authority  was  vested  in  the  president,  the  gen 
eral  assembly  and  legislative  council — all  money  bills  to  originate 
in  the  assembly,  and  could  not  be  amended  or  altered  by  the 

*  The  committee  were  Charles  Cotesworth  Pinckney,  John  Rutledge,  Charles 
Pinckney,  Henry  Laurens,  Christopher  Gadsden,  Rawlins  Lowndes,  Arthur  Middle- 
ton,  Henry  Middleton,  Thomas  Bee,  Thomas  Lynch,  Jun.  and  Thomas  Hayward. 
Jun.— Drayton's  Memoirs  of  the  American  Revolution  in  South  Carolina,  vol.  2, 
p.  174. 


296  POLITICAL  AND  CIVIL  HISTORY 

council,  and  all  bills  having  passed  both  houses,  were  to  receive 
the  assent  of  the  president. 

The  president,  however,  had  no  power  to  adjourn,  prorogue, 
or  dissolve  the  council  and  assembly,  but  might  convene  them,  if 
necessary,  before  the  time  to  which  they  had  adjourned. 

A  privy  council  was  to  be  formed,  to  consist  of  the  vice-presi 
dent,  and  six  others,  three  chosen  by  the  assembly,  and  three  by 
'the  legislative  council ;  but  no  officer  in  the  service  of  the  united 
colonies  or  that  of  South  Carolina,  to  be  eligible  as  a  member. 
This  council  was  to  advise  the  president  when  required,  but  he 
was  not  bound  to  consult  them,  except  in  particular  cases. 

The  members  of  the  assembly  were  to  be  chosen  by  the  peo 
ple,  after  October,  1776,  for  two  years;  and  the  president  and 
vice-president  were  still  to  be  chosen  by  the  assembly  and  council. 

The  executive  authority  was  vested  in  the  president,  with  the 
limitations  specified  in  the  constitution. 

Justices  of  the  peace  were  to  be  nominated  by  the  general  as 
sembly,  and  commissioned  by  the  president,  during  good  behav 
ior  ;  all  other  judicial  officers  to  be  elected  by  the  assembly  and 
legislative  council,  and  to  receive  their  commissions  from  the  pres 
ident,  and  to  hold  their  offices  during  good  behavior,  subject 
to  be  removed,  on  the  address  of  both  houses.  Sheriffs,  commis 
sioners  of  the  treasury,  the  secretary  of  the  colony,  register  of 
mesne  conveyances,  attorney  general,  and  powder  receiver,  also 
to  be  chosen  by  joint  ballot  of  the  two  houses,  the  sheriffs  to  con 
tinue  for  two  years  only,  and  the  others  during  good  behavior. 
I  All  field  officers  in  the  army  and  captains  in  the  navy,  to  be 
appointed  by  the  legislature,  and  all  other  officers  either  in  the 
army  or  navy  by  the  president ;  and  the  president,  with  the  advice 
and  consent  of  the  privy  council,  was  to  fill  all  vacancies  until  an 
election  by  the  legislature.  The  president  was  not  to  make  war 
or  peace,  or  enter  into  any  final  treaty,  without  the  assent  of  the 
general  assembly  and  legislative  council. 

This  form  of  government  remained  until  June,  1790,  when  a 
new  constitution  was  formed  by  a  convention  called  for  that  pur 
pose.  The  legislative  authority  of  that  state,  was  now  vested  ii? 


OF  THE  UNITED  STATES.  297 

a  general  assembly,  consisted  of  a  house  of  representatives  and 
senate.  The  members  of  the  house  were  chosen  for  two  years 
from  certain  districts,  and  the  senators  from  the  same  districts. 

The  senate  was  chosen  for  four  years,  and  divided  into  two 
classes,  the  seats  of  the  first  class  to  be  vacated  at  the  end  of  two, 
and  of  the  second  at  the  end  of  four  years. 

The  executive  authority  was  lodged  in  a  governor,  to  be  chosen 
once  in  two  years,  by  joint  ballot  of  both  houses.  No  person  was 
eligible  to  the  office  of  governor,  unless  he  had  attained  the  age 
of  thirty,  had  resided  in  and  been  a  citizen  of  the  state  ten  years, 
and  possessed  of  a  settled  estate  in  the  same,  in  his  own  right,  of 
the  value  of  fifteen  hundred  pounds  sterling  clear  of  debt ;  nor 
could  any  person,  having  served  two  years  as  governor,  be  re- 
elected,  till  after  the  expiration  of  four  years.  A  lieutenant 
governor  was  to  be  chosen  at  the  same  time,  and  in  the  same 
manner,  and  have  the  same  qualifications  as  the  governor.  The 
governor  was  commander  in  chief  of  the  army  and  navy,  and 
of  the  militia — had  power  to  grant  pardons  and  reprieves, — 
was  to  take  care  that  the  laws  be  faithfully  executed,  and  had 
power  to  prohibit  the  exportation  of  provisions,  for  any  time  not 
exceeding  thirty  days — to  convene  the  assembly  on  extraordinary 
occasions,  and  to  recommend  to  their  consideration  such  meas 
ures  as  he  should  judge  necessary. 

The  judges  of  the  supreme  court,  commissioners  of  the  treasu 
ry,  secretary  of  state,  and  surveyor  general,  were  to  be  elected 
by  the  joint  ballot  of  both  houses — the  judges  of  the  superior  and 
inferior  courts  to  hold  their  offices  during  good  behavior — the 
commissioners  of  the  treasury,  secretary  of  state,  and  surveyor 
general,  to  continue  in  office  for  four  years  only,  and  to  be  ineli 
gible  for  the  same  period.  The  qualifications  of  an  elector,  a  free 
hold  of  fifty  acres  of  land,  or  a  town  lot,  of  which  he  had  been  legal 
ly  seized  and  possessed  six  months,  or  not  having  a  freehold  or 
town  lot,  a  residence  of  six  months,  and  the  payment  of  a  tax  of 
three  shillings  sterling,  the  preceding  year,  towards  the  support  of 
government.  The  free  exercise  and  enjoyment  of  religious  profes 
sion  and  worship  without  discrimination  or  preferance,  was  to  be 

VOL.  II.  38 


298  POLITICAL  AND  CIVIL  HISfORY 

allowed  to  all — but  no  minister  of  the  gospel,  or  public  preacher 
of  any  religious  profession,  was  eligible  to  the  office  of  governor, 
lieutenant  governor,  or  to  a  seat  in  either  house  of  assembly. 

The  convention  of  Virginia,  on  the  15th  of  May,  1776,  appoint 
ed  a  committee  to  prepare  a  declaration  of  rights,  and  a  plan  of 
government  calculated  "  to  maintain  peace  and  order  in  that 
colony,  and  secure  substantial  and  equal  liberty  to  the  people." 
A  declaration  of  rights  was  reported  and  agreed  to  on  the  12th 
of  June  following,  and  on  the  29th  of  the  same  month  a  consti 
tution  was  unanimously  adopted  by  the  convention  without 
any  limitation  as  to  time.  The  preliminary  declaration  rot  only 
contained  an  enumeration  of  rights,  but  also  the  fundament 
al  principles  on  which  a  constitution  should  be  founded.  It  as 
serted,  among  other  things,  that  all  men  were  born  equally  free 
and  independent,  and  had  certain  important  and  natural  rights, 
of  which  they  could  not,  by  any  compact,  deprive  or  divest  their 
posterity  ;  that  among  these  was  the  enjoyment  of  life  and  lib 
erty,  with  the  means  of  acquiring  and  possessing  property,  and 
pursuing  and  obtaining  happiness  and  safety — That  all  power 
was  vested  in  and  derived  from  the  people,  that  magistrates  were 
their  trustees  and  servants,  and  at  all  times  amenable  to  them. — 
That  government  was,  or  ought  to  be,  instituted  for  the  com 
mon  benefit,  protection  and  security  of  the  people,  nation,  or 
community,  and  that  form  the  best,  which  was  capable  of  pro 
ducing  the  greatest  degree  of  happiness  and  safety,  and  most 
effectually  secured  against  the  danger  of  mal-administration ; 
and  that  a  majority  of  the  community  had  an  indubitable,  unal- 
ienable  and  indefeasible  right  to  reform,  alter  or  abolish  it,  in  such 
manner  as  should  be  judged  most  conducive  to  the  public  weal. 

After  declaring  that  the  legislative,  executive  and  judiciary  de 
partments  should  be  separate  and  distinct,  the  constitution  di 
vided  the  legislative  department  into  two  branches,  the  house  of 
delegates  and  senate,  to  be  called  the  general  assembly  of  Vir 
ginia.  The  house  of  delegates  to  consist  of  two  representatives, 
to  be  chosen  from  each  county,  annually,  one  from  the  city  of 


OF  THE  UNITED  STATES.  299 

Williamsburgh,  and  one  from  the  borough  of  Norfolk.  The  sen 
ate  to  consist  of  twenty  four  members,  chosen  from  as  many  dis 
tricts  ;  which  districts  were  to  be  divided  into  four  classes  by  lot ; 
and  at  the  end  of  the  first  year,  the  members  from  the  first  class 
to  be  displaced,  and  the  vacancies  supplied  by  athers  from  the 
same  class,  and  so  on  in  rotation  through  each  class.  All  laws 
were  to  originate  in  the  house  of  delegates,  to  be  approved,  re 
jected  or  amended  by  the  senate  ;  but  money  bills  were  not  sub 
ject  to  any  alteration. 

A  governor  and  council  of  state  were  chosen  annually  by 
joint  ballot  of  both  houses,  but  no  person  was  to  continue  in  the 
office  of  governor  more  than  three  years  in  succession,  nor  be  eli 
gible,  until  the  expiration  of  four  years  after  he  should  be  out  of 
office.  The  governor,  with  the  advice  of  the  council  of  state, 
was  "  to  exercise  the  executive  powers  of  government,  according 
to  the  laws  of  the  commonwealth,  and  was  not,  under  any  pre 
tence,  to  exercise  any  power  or  prerogative,  by  virtue  of  any  law, 
statute  or,  custom  of  England.1'  The  council  of  state  consist 
ed  of  eight  members,  and  out  of  their  number  was  annually  to 
choose  a  president.  Two  members  of  the  council  were  to  be 
removed  and  their  vacancies  supplied  by  the  joint  ballots  of  both 
houses,  at  the  end  of  every  three  years,  and  those  so  removed  to 
be  ineligible  for  the  next  three  years.  The  powers  of  the  govern 
or  and  council  were  very  limited,  though  in  general  terms  constitu 
ted  the  executive  department  of  the  government,  and  vested  with 
executive  powers.  The  legislature  appointed  the  judges  of  the 
supreme  court  of  appeals,  and  general  court,  judges  in  chancery, 
judges  in  admiralty,  secretary,  and  attorney  general,  to  be  com 
missioned  by  the  governor,  and  to  continue  in  office  during  good 
behavior.  The  governor  and  council,  in  the  first  instance  appoin 
ted  justices  of  the  peace  for  the  counties,  but  in  case  of  vacan 
cies,  or  increase  of  numbers  afterwards,  the  appointments  were 
to  be  made  on  recommendation  of  the  county  courts.  They  also 
had  power  to  grant  reprieves  or  pardons,  to  embody  the  militia, 
and  to  direct  them  when  embodied — to  supply  vacancies  occa 
sioned  by  death,  incapacity  or  resignation,  by  appointments  to 


300  POLITICAL  AND  CIVIL  HISTORY 

be  approved  or  rejected  by  the  legislature.  The  governor  and 
other  officers  were  made  liable  to  impeachment  when  out  of 
office,  for  mal-administration,  corruption  or  other  means  by  which 
the  safety  of  the  state  might  be  endangered. 

Sheriffs  and  coroners  were  to  be  appointed  by  the  courts,  sub 
ject  to  the  approbation  of  the  governor  and  council. 

The  qualification  of  an  elector  was  to  continue  the  same,  as 
then  provided  by  law.  This  was,  as  is  understood,  a  freehold 
of  fifty  acres  of  land,  or  a  town  lot. 

The  people  of  Virginia  had  always  claimed  that  the  charters 
of  Maryland,  Pennsylvania,  and  North  and  South  Carolina,  had 
taken  part  of  the  territories  originally  granted  to  them.  To  quiet 
the  inhabitants  of  the  latter  states  on  this  subject,  the  Virginia 
constitution  specially  declared,  that  the  territories  within  the 
charters,  creating  those  colonies,  "were  ceded,  released,  and  for 
ever  confirmed  to  the  people  of  those  states,  with  all  the  rights  of 
property,  jurisdiction,  and  government,  which  might,  at  any  time 
before,  have  been  claimed  by  Virginia,  with  the  exception  of  the 
free  navigation  and  use  of  the  rivers  Potomac  and  Pokomoke, 
with  the  property  of  the  Virginia  shores  and  strands,  bordering 
on  those  rivers.  The  western  and  northern  extent  of  Virginia 
was,  in  all  other  respects,  to  stand  as  fixed  by  the  charter  of  king 
James  1,  in  1609,  and  by  the  treaty  of  peace  in  1763  ;  unless  by 
acts  of  the  legislature,  one  or  two  governments  should  be  estab 
lished,  west  of  the  Allegany  mountains." 

It  is  not  a  little  extraordinary,  that  this  form  of  government  has 
ever  since  remained  the  constitution  of  so  large  a  state  as  Vir 
ginia,  without  any  of  those  amendments,  which  experience  has 
proved  necessary  in  most  of  the  other  states. 

The  government  of  New  Jersey,  as  established  by  a  provincial 
congress,  on  the  2d  of  July,  1776,  was  vested  in  a  governor,  legis 
lative  council,  and  general  assembly.  The  council  was  to  con 
sist  of  one  person,  and  the  assembly  of  three  persons  from  each 
county,  both  to  be  chosen  annually  ;  but  the  legislature  at  any 
time  thereafter,  had  power  to  apportion  the  members  of  the  as 
sembly  among  the  counties,  provided  the  number  should  be  never 
less  than  thirty-nine. 


OF  THE  UNITED  STATES.  301 

The  council  and  assembly  annually  by  joint  ballot  elect 
ed  a  governor  ;  who  was  to  be  president  of  the  council.  The 
governor  was  vested  with  the  supreme  executive  power,  was  ex 
officio  chancellor,  acted  as  captain  general  and  commander 
of  the  militia  and  other  military  force,  and  was  the  ordin 
ary  or  surrogate  general.  Any  three  of  the  council  to  be  a  privy 
council,  whom  the  governor  might  consult.  The  governor  and 
council  were  also  a  court  of  appeals  in  the  last  resort. 

The  judges  of  the  supreme  court  were  to  continue  in  office 
seven  years,  and  the  judges  of  the  courts  of  common  pleas  in  the 
several  counties,  justices  of  the  peace,  clerks  of  the  supreme  court 
and  of  the  common  pleas  and  quarter  sessions,  the  attorney  gen 
eral  and  secretary,  to  hold  their  offices  Jive  years,  and  all  of  them 
to  be  appointed  by  the  legislature,  and  commissioned  by  the  gov 
ernor.  Sheriffs  and  coroners  to  be  elected  annually  by  the  peo 
ple  in  each  county,  and  no  person  to  be  sheriff  for  a  longer  term 
than  three  years  in  succession,  and  not  again  to  be  eligible  until 
after  the  lapse  of  three  years.  The  qualification  of  an  elector, 
was  fifty  pounds  proclamation  money,  that  of  a  senator  one  thou 
sand,  and  of  a  member  of  assembly  five  hundred  pounds  of  the 
same  money.  pr* 

No  person  was  to  be  deprived  of  the  privilege  of  worshipping 
God,  according  to  the  dictates  of  his  conscience  ;  or  be  com 
pelled  to  attend  any  place  of  public  worship,  contrary  to  his 
own  faith  and  judgment,  or  obliged  to  pay  taxes  for  building 
churches  or  maintenance  of  ministers  contrary  to  what  he  be 
lieved  to  be  right,  or  had  voluntarily  engaged  to  perform. 
No  religious  sect  was  to  have  preference  to  another,  and  no 
protestant  inhabitant  was  to  be  denied  the  enjoyment  of  any  civil 
rights  on  account  of  his  religious  principles  ;  but  all  persons  pro 
fessing  a  belief  in  the  faith  of  any  protestant  sect,  demeaning 
themselves  peaceably,  were  capable  of  being  elected  to  office 
and  enjoying  equal  privileges  and  immunities  with  others. 

The  form  of  government  established  by  Maryland,  contained 
some  features  different  from  that  of  any  other  state  ;  particularly 
with  respect  to  the  mode  of  electing  and  continuing  senators. 


302  POLITICAL  AND  CIVIL  HISTORY 

The  house  of  delegates  consisted  of  four  persons  chosen  annual 
ly  from  each  county,  and  two  from  the  city  of  Annapolis,  and  two 
from  Baltimore  ;  and  each  must  have  real  or  personal  property  of 
the  value  of  five  hundred  pounds  current  money. 

The  senators  were  to  be  chosen  every  five  years  by  two  elec 
tors  from  every  county,  and  one  from  Annapolis,  and  one  from 
Baltimore.  These  electors  were  to  be  chosen  in  the  respective 
counties  every  five  years  ;  and  were  to  meet  and  choose  by  ballot, 
fifteen  senators,  nine  of  whom  to  be  resident  on  the  western,  and 
six  on  the  eastern  shore  of  the  bay  of  Chesapeake,  and  each  to 
have  real  and  personal  property  above  the  value  of  one  thousand 
pounds. 

After  the  election  and  during  the  five  years,  the  senators  were 
to  fill  all  vacancies  in  their  body,  occasioned  by  refusal,  death, 
resignation,  or  otherwise. 

The  senate  was  not  permitted  to  amend  or  alter  any  money 
bill  ;  but  to  prevent  the  house  from  taking  any  improper  advan 
tage  of  this,  the  constitution  expressly  provided  that  the  house 
should  not  annex  to  any  money  bill,  any  matter  or  thing,  not  im 
mediately  relating  to,  and  necessary  for  the  imposing  and  levying 
taxes  or  supplies,  to  be  raised  for  the  support  of  government. 
The  two  houses  were  annually  to  elect  by  joint  ballot  a  governor, 
who  must  have  real  and  personal  property,  above  the  value  of 
five  thousand  pounds,  (one  thousand  to  be  freehold  estate.) 
They  were,  also,  annually  to  elect  five  persons  to  be  a  council  to 
the  governor,  each  to  have  a  freehold  in  lands  and  tenements, 
above  the  value  of  one  thousand  pounds.  The  governor  was  to 
preside  in  the  council,  and  the  members  to  fill  vacancies  in  their 
body,  during  the  year. 

The  governor  was  not  to  continue  in  office  longer  than  three 
years  in  succession,  nor  be  eligible  until  the  expiration  of  four 
years,  after  he  had  been  out  of  office.  The  governor  and  coun 
cil  constituted  the  executive.  The  chancellor,  all  judges,  the  at 
torney  general,  clerks  of  the  general  court,  and  of  the  county 
courts,  registers  of  the  land  office,  and  registers  of  wills,  held  their 
eommissions  during  good  behavior,  removeable  for  misbehavior, 


OF  THE  UNITED  STATES.  303 

on  conviction  in  a  court  of  law  ;  and  the  chancellor  and  judges, 
were  removeable  by  the  governor,  on  the  address  of  two  thirds 
of  both  houses  of  the  general  assembly. 

The  governor,  with  the  advice  and  consent  of  the  council,  ap 
pointed  the  chancellor,  all  judges  and  justices,  the  attorney  gen 
eral,  naval  officers,  officers  of  the  regular  land  and  sea  service, 
officers  of  the  militia,  registers  of  the  land  office,  surveyors,  and 
all  other  civil  officers  of  government,  with  the  exception  of  some 
of  minor  importance.  The  civil  officers  not  holding  their  offices 
during  good  behavior,  to  be  appointed  annually.  A  court  of  ap 
peals  was  to  be  constituted,  composed  of  persons  of  integrity  and 
sound  judgment,  to  decide  in  the  last  resort,  in  all  cases  of  ap 
peal  from  the  general  court,  court  of  chancery,  and  court  of  ad 
miralty. 

The  qualification  of  an  elector  was  a  freehold  estate  of  fifty  acres 
of  land  in  the  county  ;  or  property  in  the  state  above  the  value  of 
thirty  pounds,  and  residence.  Every  governor,  senator,  delegate  to 
congress  or  assembly,  and  every  member  of  the  council,  was  to  take 
an  oath,  "  that  he  would  not  receive,  directly  or  indirectly,  at  any 
time,  any  part  of  the  profits  of  any  office,  held  by  any  other  per 
son,  during  his  office  of,  &c.,  or  of  the  profits  or  any  part  of  the 
profits,  arising  from  any  agency  for  the  supply  of  clothing  or  pro 
visions  for  the  army  or  navy." 

This  form  of  government  was  preceded  by  a  declaration  of 
rights,  consisting  of  forty-two  articles.  The  thirty-third  declares, 
that  "  all  persons  professing  the  Christian  religion  are  equally  en 
titled  to  protection  in  their  religious  liberty  ;  and  that  no  person 
ought  by  any  law,  to  be  molested  in  his  person  or  estate,  on  ac 
count  of  his  religious  persuasion  or  profession,  or  for  his  religious 
practice  ;"  and  that  no  person  ought  to  be  compelled  "  to  fre 
quent  or  maintain,  or  contribute,  unless  on  contract,  to  maintain 
any  particular  place  of  worship,  or  any  particular  ministry ;  yet 
the  legislature  may,  in  their  discretion,  lay  a  general  tax,  for  the 
support  of  the  Christian  religion  ;  leaving  to  each  individual  the 
power  of  appointing  the  payment  over  of  the  money  collected 
from  him,  to  the  support  of  any  place  of  worship  or  minister,  or 


304  POLITICAL  AND  CIVIL  HISTORY 

for  the  benefit  of  the  poor  of  his  own  denomination,  or  the  poor 
in  general  of  any  particular  parish  ;  but  that  the  churches,  cha 
pels,  glebes,  and  all  other  property  now  belonging  to  the  church 
of  England,  ought  to  remain  to  the  church  of  England  forever." 
And  by  the  thirty-fourth  article,  every  gift,  sale,  or  devise  of  lands, 
and  every  gift  or  sale  of  goods  or  chattels,  to  any  minister  or 
preacher  of  the  gospel,  as  such,  or  to  any  religious  sect  for  the 
use  or  support  of  such  minister,  without  leave  of  the  legislature, 
is  declared  void,  except  land  not  exceeding  two  acres,  for  a 
church  or  other  house  of  worship,  and  for  a  burying  ground. 

This  constitution  of  Maryland,  has  remained  until  this  time, 
without  any  alteration  in  its  general  principles,  except  making  a 
residence  of  twelve  months  a  qualification  of  an  elector. 

The  three  counties  of  Newcastle,  Kent,  and  Sussex,  upon 
Delaware,  (originally  belonging  to  the  proprietors  of  Pennsylva 
nia,)  in  September,  1776,  by  the  act  of  their  inhabitants,  became 
a  new  state,  by  the  name  of  Delaware.  The  representatives  of 
the  people,  at  the  same  time,  formed  a  new  system  of  govern 
ment,  similar  in  its  general  principles,  to  those  previously  es 
tablished  in  other  states.  The  house  of  assembly  consisted 
©f  seven  representatives  from  each  of  the  three  counties  ;  and  the 
other  branch  of  the  legislature,  called  the  council,  of  three  per 
sons  chosen  from  each  county.  At  the  end  of  one  year,  after  the 
first  election,  the  seat  of  the  councillor  who  had  the  smallest  num 
ber  of  votes  in  each  county,  was  to  be  vacated,  and  his  place  sup 
plied  by  a  new  choice,  and  at  the  end  of  the  second  year,  the 
councillor  who  stood  second  in  number  of  votes  retired,  and  at 
the  end  of  the  third  year,  the  seat  of  the  third  was  vacated,  and 
supplied,  and  this  rotation  afterwards  continued. 

A  president  was  chosen  by  joint  ballot  of  both  houses,  for  three 
years,  and  at  the  end  of  that  term,  was  not  eligible  until  the  ex 
piration  of  three  years.  The  president  had  a  privy  council  of 
four  persons,  two  chosen  by  each  house,  two  to  be  removed, 
one  by  the  assembly  and  one  by  the  council,  at  the  end  of  two 
years,  and  the  other  two  at  the  end  of  the  next  year  after.  The 
president  and  privy  council  had  little  executive  power.  The 
president  and  the  general  assembly  had  the  appointment  of  all 


OF  THE  UNITED  STATES.  305 

the  judges  and  other  principal  officers,  by  joint  ballot — the  judges 
to  hold  their  offices  during  good  behavior.  All  persons  professing 
the  Christian  religion  were  to  be  entitled  to  equal  privileges,  no 
preference  of  one  religious  sect  to  another  to  be  given,  and  no 
clergyman  or  preacher  of  the  gospel,  was  to  hold  any  office,  or 
be  a  member  of  either  branch  of  the  legislature. 

The  frame  of  government  established  by  Pennsylvania,  in  Sep 
tember,  1776,  bore  a  strong  resemblance  to  the  proprietary 
system,  the  principal  features  of  which  were  stated  in  our  colo 
nial  summary.  The  supreme  legislative  power  was  vested  in  a 
single  body,  consisting  of  the  representatives  of  the  freemen — 
and  the  supreme  executive  power  in  a  president  and  council. 
The  representatives,  who  were  to  constitute  the  general  assem 
bly,  were  chosen  from  the  cities  and  counties,  in  proportion  to 
the  number  of  taxable  inhabitants  ;  a  return  of  which  was  to  be 
made  once  in  seven  years.  The  executive  council  consisted 
of  twelve  persons,  one  chosen  from  the  city  of  Philadelphia, 
and  one  from  each  of  the  three  adjoining  counties,  to  continue  in 
office  three  years — one  from  each  of  four  other  counties  partic 
ularly  named,  to  continue  two  years — and  one  from  each  of  the 
four  remaining  counties,  for  one  year  ;  and  as  their  terms  of  ser 
vice  expired,  their  places  to  be  supplied  by  new  elections.  A 
president  and  vice-president  were  to  be  elected  annually  by  joint 
ballot  of  the  assembly  and  council,  and  to  be  from  among  the 
members  of  the  council.  That  laws,  before  they  were  enacted, 
might  "  be  more  maturely  considered,  and  the  inconvenience  of 
hasty  determinations  as  much  as  possible  prevented,"  the  consti 
tution  provided,  "  that  all  bills  of  a  public  nature,  should  be  print 
ed  for  the  consideration  of  the  people,  before  they  are  read  in 
general  assembly  the  last  time  for  debate  and  amendment  ; 
and  except  on  occasions  of  sudden  necessity,  shall  not  be  passed 
into  laws  until  the  next  session  of  assembly ;  and  for  the  more 
perfect  satisfaction  of  the  public,  the  reasons  and  motives  for 
making  such  laws  shall  be  fully  and  clearly  expressed  in  the  pre 
ambles." 

VOL.  II.  39 


300  POLITICAL  AND  CIVIL  HISTORY 

The  judges  of  the  supreme  court  were  to  hold  their  offices  for 
seven  years,  removable  for  misbehavior  by  the  general  assembly 
— justices  of  the  peace  to  be  chosen  by  the  freeholders  of  each 
city  and  county,  two  or  more  from  certain  districts  to  be  ascer 
tained  by  law,  and  presented  to  the  president  in  council,  who 
was  to  select  and  grant  commissions  to  one  or  more,  for  seven 
years  ;  but  they  were  removable  in  the  same  manner  as  the 
judges  of  the  supreme  court.  The  freemen  in  each  city  and 
county  were  to  elect  two  persons  annually,  to  the  offices  of 
sheriff  and  coroner,  and  one  was  to  be  commissioned  by  the 
president  for  each  office.  The  people  of  Pennsylvania  were 
not  inattentive  to  the  important  subject  of  education.  One  ar- 
article  of  the  constitution  made  it  the  duty  of  the  legislature  to 
establish  schools  in  each  county  for  the  instruction  of  youth, 
"  with  such  salaries  to  the  masters,  paid  by  the  public,  as  may 
enable  them  to  instruct  youth  at  low  prices."  The  same  article 
also  declared,  that  all  useful  learning  should  be  duly  encouraged 
and  promoted  in  one  or  more  universities. 

The  constitution  of  this  state  contained  one  provision  en 
tirely  new.  Every  seven  years  two  persons  from  each  county, 
were  to  be  chosen,  to  constitute  a  council  of  censors.  It  was 
made  the  duty  of  this  council,  to  inquire  whether  the  constitution 
had  been  preserved  inviolate  in  every  part — whether  the  legisla 
tive  and  executive  branches  of  the  government  had  performed 
their  duty  as  guardians  of  the  people,  or  assumed  or  exercised 
greater  powers  than  they  were  entitled  to — whether  the  public 
taxes  had  been  justly  laid  and  collected,  and  whether  the  laws 
had  been  faithfully  executed.  For  these  purposes  they  had  pow 
er  to  send  for  persons  and  papers  ;  and  they  were  authorized  to 
pass  censures,  to  order  impeachments,  to  recommend  the  repeal 
ing  such  laws  as  appeared  to  them  contrary  to  the  principles  of 
the  constitution,  and  also  to  call  a  convention.  The  powers  of 
the  censors  were  to  continue  one  year.  On  the  subject  of  reli 
gious  liberty,  the  bill  of  rights  declared,  that  all  men  had  a  natu 
ral  and  inalienable  right  to  worship  Almighty  God  according  to 
the  dictates  of  their  own  consciences  and  understandings ;  and 


OF  THE  UNITED  STATES.  3Q7 

that  no  man  could  be  compelled  to  attend  any  religious  worship, 
or  maintain  any  ministry,  contrary  to  his  own  free  will  and  con 
sent — nor  could  any  person,  who  acknowledged  the  being  of  a 
God,  be  justly  deprived  of  any  civil  right,  on  account  of  his  reli 
gious  sentiments  or  particular  worship. 

By  the  constitution  of  North  Carolina,  established  in  Decem 
ber,  1776,  the  legislative  power  was  vested  in  two  bodies,  styled 
a  senate  and  house  of  commons,  both  to  be  denominated  the  gen 
eral  assembly.  One  person  was  annually  chosen  from  each  coun 
ty,  to  constitute  the  senate,  and  two  from  each  county,  and  one 
from  each  of  the  towns  of  Edenton,  Newbern,  Wilmington, 
Salisbury,  Hillsborough,  and  Halifax,  to  constitute  the  house  of 
commons. 

The  senate  and  house  jointly  elected  a  governor  for  one  year  ; 
and  the  same  person  was  not  eligible  to  that  office  longer  than 
three  years,  in  six  successive  years. 

The  senate  and  house,  also,  annually,  by  joint  ballot,  elected 
seven  persons  to  be  a  council  of  state,  to  advise  the  governor. 

The  appointment  of  judges  of  the  supreme  courts  of  law  and 
equity,  of  judges  of  admiralty,  and  of  the  attorney  general,  was  ves 
ted  in  the  general  assembly ;  these  officers  to  be  commissioned  by 
the  governor,  and  to  continue  during  good  behavior.  The  senate 
and  house  also,  had  power  to  appoint  the  generals,  and  field  offi 
cers  of  the  militia,  and  all  officers  of  the  regular  army.  Justices 
of  the  peace  in  the  respective  counties,  on  recommendation  of  the 
assembly,  were  to  be  commissioned  by  the  governor,  to  hold  their 
offices  during  good  behavior,  and  were  not  removable,  unless  for 
misbehavior,  absence,  or  inability.  A  difference  was  made  in  the 
qualifications  of  the  electors  of  members  of  the  senate  and  house. 
All  freemen,  who  had  been  inhabitants  of  any  county  for  twelve 
months  immediately  preceding  the  day  of  election,  and  had  paid 
a  public  tax,  could  vote  for  members  of  the  house  of  commons  ; 
but  possession  of  a  freehold  of  fifty  acres  of  land,  for  six  months 
next  before  and  at  the  time  of  election,  in  addition  to  twelve 
months  residence,  was  necessary  to  qualify  a  person  to  vote  for 
senators.  Each  senator  must  have  possessed  for  one  year  pre 
ceding  his  election,  three  hundred  acres  of  land  in  foe  ;  and  every 


308  POLITICAL  AND  CIVIL  HISTORY 

member  of  the  house,  one  hundred  acres  for  six  months.  No  per 
son  who  denied  the  being  of  a  God,  or  the  truth  of  the  protestant 
religion,  or  the  divine  authority  of  the  old  or  new  testament,  or 
who  should  hold  religious  principles  incompatible  with  the  free 
dom  and  safety  of  the  state,  was  capable  of  holding  any  office, 
or  place  of  trust  or  profit  in  the  civil  departments.  The  constitu 
tion  provided  there  should  be  no  establishment  of  any  one  religious 
church  or  denomination  in  preference  to  another — it  also  made 
it  the  duty  of  the  legislature  to  establish  schools  for  the  conven 
ient  instruction  of  youth,  with  such  salaries  to  the  masters,  paid 
by  the  public,  as  that  they  might  instruct  at  a  low  price  ;  and  all 
useful  learning  was  to  be  duly  encouraged  and  promoted,  in  one 
or  more  universities. 

On  the  31st  of  May,  1776,  the  members  of  the  convention  of 
New  York  recommended  to  the  electors  of  that  state  to  author 
ize  them,  or  such  others  as  they  might  depute,  to  take  into  con 
sideration  the  necessity  and  propriety  of  instituting  a  new  system 
of  government,  agreeably  to  the  advice  of  the  general  congress  ; 
and  to  direct  that  the  representatives  of  a  majority  of  the  coun 
ties,  if  they  should  judge  it  necessary,  should  establish  such  gov 
ernment.  New  representatives  were  elected  and  met  on  the  9th 
of  July,  and  assumed  the  name  of  the  convention  of  the  represen 
tatives  of  the  state  of  New  York. 

The  subject  of  forming  a  new  government  was  postponed  to 
the  first  of  August,  and  in  the  mean  time,  all  magistrates  were 
directed  to  continue  the  exercise  of  their  functions,  and  all  pro 
cesses  were  ordered  to  issue  in  the  name  of  the  people. 

On  the  first  of  August  a  committee  was  appointed  "  to  take  into 
consideration  and  report  a  plan  for  instituting  and  framing  a 
form  of  government,  and  to  prepare  and  report  at  the  same  time, 
a  bill  ascertaining  and  declaring  the  essential  rights  and  privile 
ges  of  the  good  people  of  that  state,  as  the  foundation  for  such 
government."* 

*  Immediately  after  the  battle  at  Lexington,  for  the  purpose  of  securing  their  rights 
and  preserving  peace  and  order,  associations  were  signed  by  the  people  of  New  York 
in  the  several  counties,  in  the  following  form  : — 

"  A  general  association,  agreed  to  and  subscribed  by  the  freeholders  and  inhabitants 


OF  THE  UNITED  STATES.  309 

Mr.  Jay  was  placed  at  the  head  of  this  committee.  In  April, 
1777,  the  convention  completed  and  established  a  constitution, 
in  many  respects  more  perfect  than  any  previously  instituted  by 
any  state. 

The  members  of  the  assembly  were  distributed  among  the 
counties,  and  were  to  vary  according  to  the  number  of  elec 
tors  in  each  ;  the  number  to  be  ascertained  every  seven  years. 
The  senate  consisted  of  twenty  four  persons,  to  be  chosen  by  the 
people  for  four  years,  and  were  divided  into  four  classes,  the 
seats  of  each  class  to  be  vacated  at  the  end  of  each  of  the  four 
years.  For  the  choice  of  senators  the  state  was  divided  into 
four  great  districts  and  the  number  assigned  to  each,  to  be  after 
wards  varied  in  a  certain  ratio,  according  to  the  number  of  elec 
tors.  The  number  of  senators  was  never  to  exceed  one  hundred, 
nor  the  number  of  the  assembly  three  hundred.  The  executive 
authority  was  vested  in  a  governor,  elected  by  the  people  once  in 
three  years.  A  lieutenant  governor  was  also  to  be  chosen  for 
the  same  period,  who  was  to  preside  in  the  senate.  A  council 
of  revision  and  a  council  of  appointment  were  established.  The 
former,  consisting  of  the  governor,  chancellor  and  judges  of  the 
supreme  court,  was  to  revise  all  bills  about  to  be  passed  into  laws 
by  the  legislature.  These  bills  were  to  be  presented  to  this  coun- 

pf  the  county  of  *  *  Persuaded  that  the  salvation  of  the  rights  and  liberties  of 
America  depends,  under  God,  on  the  firm  union  of  its  inhabitants,  in  a  vigorous  prose 
cution  of  the  measures  necessary  for  its  safety ;  convinced  of  the  necessity  of  prevent 
ing  the  anarchy  and  confusion  which  attend  a  dissolution  of  the  powers  of  government : 
We  the  freemen,  freeholders  and  inhabitants  of  the  county  of  *  *  being  greatly  alarm 
ed  at  the  avowed  design  of  the  ministiy  to  raise  a  revenue  in  America,  and  shocked 
by  the  bloody  scene  now  acting  in  Massachusetts  Bay— do,  in  the  most  solemn  man 
ner  resolve  never  to  become  slaves  ;  and  do  associate,  under  all  the  ties  of  religion,  ho 
nor  and  love  to  our  country,  to  adopt  and  endeavor  \o  carry  into  execution  whatever 
measures  may  be  recommended  by  the  continental  congress,  or  resolved  upon  by  our 
provincial  convention,  for  the  purpose  of  preserving  our  constitution  and  opposing  the 
execution  of  the  several  arbitrary  and  oppressive  acts  of  the  British  parliament,  until 
a  reconciliation  between  Great  Britain  and  America,  on  constitutional  principles  ( whicli 
we  most  earnestly  desire)  can  be  obtained— and  that  we  will,  in  aU  things  follow  the 
advice  of  our  general  committee,  respecting  the  purposes  aforesaid,  the  preservation 
of  peace  and  good  order,  and  the  safety  of  individuals  and  private  property,— State 
papers  in  the  office  of  the  secretary  of  the  state  of  New  York. 


310  POLITICAL  AND  CIVIL  HISTORY 

cil  for  their  consideration ;  and  if  a  majority  thought  it  improper 
tho  bills  should  become  laws,  they  were  to  return  them  to  the 
legislature  with  their  objections  in  writing ;  and  unless  repassed 
by  two  thirds  of  both  houses,  the  same  were  rejected.  Four  sen 
ators,  one  from  each  of  the  senatorial  districts,  were  annually  to 
be  appointed  by  the  assembly,  who  with  the  governor,  as  president, 
were  to  constitute  a  council  for  the  appointment  of  officers. 

The  chancellor,  the  judges  of  the  supreme  court,  and  the  first 
judges  of  the  county  court,  were  to  hold  their  offices  during  good 
behavior.  The  president  of  the  senate,  the  senators,  the  chancel 
lor  and  judges  of  the  supreme  court  were  constituted  a  court  for 
the  trial  of  impeachments  and  for  the  correction  of  errors — the 
chancellor,  and  judges  in  cases  of  error  brought  from  their  decis 
ions,  might  give  their  reasons  but  not  their  votes. 

An  elector  of  members  of  the  assembly,  must  possess  a  free 
hold  estate  of  the  value  of  twenty  pounds,  or  have  rented  a  tena- 
ment  of  the  yearly  value  of  forty  shillings,  and  been  rated  and 
actually  paid  taxes  to  the  state.  No  persons  but  those  possessed 
of  a  freehold  estate  of  the  value  of  one  hundred  pounds  over 
and  above  all  debts  charged  on  the  same,  could  vote  for  senators 
or  governor. 

The  free  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination  or  preference,  was  allowed  to  all 
— but  no  minister  of  the  gospel,  or  priest  of  any  denomination 
whatsoever,  was  capable  of  holding  any  civil  or  military  office  or 
place.* 

The  people  of  Massclmsetts  did  not  form  a  constitution  until 
1780.  A  convention  for  that  purpose  met  in  September,  1779, 
and  was  continued  by  adjournments  till  March  following,  when  a 
frame  of  government  wa*s  submitted  to  the  consideration  of  the 
people,  and  adopted  by  a  large  majority. 

*  This  constitution  was  amended  in  1801,  by  providing  that  the  members  of  the 
assembly  should  be  one  hundred,  and  never  exceed  one  hundred  and  fifty,  and  that 
the  number  of  senators  should  be  thirty  two.  The  council  of  appointment  has  lately 
been  abolished,  and  executive  appointments  vested  in  the  governor  and  senate,  and 
the  qualifications  of  electors  hare  been  varied,  and  placed  upoa  an  equal  footing. 


OF  THE  UNITED  STATES.  31 1 

It  was  more  perfect,  than  any  previously  established.  It  com 
menced  with  a  preamble,  declaring,  that  the  end  of  the  institu 
tion,  maintenance  and  administration  of  government  was  to  se 
cure  the  existence  of  the  body  politic,  to  protect  it,  and  to  furnish 
the  individuals  who  composed  it,  with  the  power  of  enjoying  in 
safety  arid  tranquility  their  natural  rights  and  the  blessings  of  iife  ; 
and  that  when  these  objects  were  not  obtained,  the  people  had  a 
right  to  alter  it — that  the  body  politic  was  formed  by  a  voluntary 
association  of  individuals — was  a  social  compact,  by  which  the 
whole  people  covenanted  with  each  citizen,  and  each  citizen  with 
the  whole  people,  that  all  should  be  governed  by  certain  laws  for 
the  common  good.  With  these  views  and  principles,  the  people 
of  Massachusetts  solemnly  formed  themselves  "  into  a  free,  sove 
reign,  and  independent  body  politic  and  state  by  the  name  of  the 
Commonwealth  of  Massachusetts."* 

It  was  preceded  by  a  bill  of  rights,  containing  thirty  articles, 
the  last  of  which  declared,  that  the  government  should  be  divided 
into  three  departments,  legislative,  executive,  and  judicial,  neither 
to  exercise  the  powers  of  the  other. 

The  legislative  department,  consisting  of  a  senate  and  house 
of  representatives,  was  styled  the  general  court  of  Massachusetts; 
a  name  given  to  the  legislature  in  the  first  settlement  of  the  colony. 

The  senate  was  composed  of  forty  persons  chosen  annually, 
from  certain  districts,  into  which  the  state  from  time  to  time  was 
to  be  divided  by  the  general  court.  In  the  formation  of  these  dis 
tricts,  a  new  principle  was  established.  In  assigning  the  number 
©f  senators  to  each,  the  general  court  was  to  be  governed  by  the 
proportion  of  the  public  taxes  paid  by  them  ;  but  the  number  of 
districts  was  never  to  be  less  than  thirteen,  nor  was  any  district 
to  have  more  than  six  senators.  The  representatives  were  elect 
ed  annually  from  the  towns — every  corporate  town  containing 
one  hundred  and  fifty  rateable  polls,  to  send  one  representative  ; 
if  a  town  contained  three  hundred  and  seventy-five,  two ;  and  if 
six  hundred,  three  ;  and  the  number  to  be  increased  in  the  ratio 
of  one  for  two  hundred  and  twenty-five  rateable  polls.  All  mo- 

*  This  constitution  was  drawn  by  a  sub-committee,  consisting  of  James  Bowdoin, 
Johu  Adamsj  and  Samuel  Adam?. 


312  POLITICAL  AND  CIVIL  HISTORY 

ney  bills  were  to  originate  in  the  house,  but  the  senate  might  pro 
pose  or  concur  with  amendments. 

The  executive  authority  was  lodged  in  a  governor  and  council 
— the  governor  to  be  chosen  annually  by  the  people — the  council 
consisted  of  nine  persons,  with  the  lieutenant  governor,  and  were 
to  be  chosen  out  of  those  returned  for  senators,  by  the  joint  bal 
lots  of  both  houses  ;  and  if  on  the  first  choice,  the  whole  number 
who  would  accept  should  not  be  elected,  the  residue  were  to  be 
chosen  from  among  the  people  at  large,  liot  more  than  two  from 
any  one  district. 

Judicial  officers  were  to  continue  during  good  behavior,  but  re 
movable  on  the  address  of  both  houses  ;  commissions  of  justices, 
however,  were  to  expire  at  the  end  of  seven  years. 

All  judicial  officers,  the  attorney  general,  the  solicitor  general, 
all  sheriffs,  coroners,  and  registers  of  probate,  were  to  be  nomi 
nated  and  appointed  by  the  governor,  by  and  with  the  advice  and 
consent  of  the  council ;  and  every  nomination  was  to  be  made 
by  the  governor  at  least  seven  days  prior  to  such  appointment. 
The  secretary,  treasurer,  receiver  general,  the  commissary  gen 
eral,  notaries  public,  and  naval  officers,  were  to  be  chosen  annu 
ally,  by  joint  ballot  of  both  houses  ;  and  no  person  was  eligible  as 
treasurer  and  receiver  general,  more  than  five  years  successively. 
The  captains  and  subalterns  of  the  militia  were  to  be  chosen  by 
the  companies — the  field  officers  of  regiments  by  the  captains  and 
subalterns,  of  their  respective  regiments — and  the  brigadiers  to 
be  elected  by  the  field  officers  of  their  respective  brigades — the 
major  generals  by  the  two  houses,  each  having  a  negative  on  the 
other. 

The  governor  had  a  partial  negative  on  the  acts  of  the  legisla 
ture.  Every  bill  or  resolve  of  the  senate  and  house,  was  to  be 
submitted  to  the  governor  for  his  revisal ;  and  if  not  approved 
by  him,  he  was  to  return  the  same,  with  his  objections  in  writing, 
and  if  not  reconsidered  and  approved  by  two  thirds  of  both 
branches,  was  not  to  have  the  force  of  a  law. 

The  qualification  of  an  elector  was  a  freehold  estate  of  the  an 
nual  income  of  three  pounds,  or  any  estate  of  the  value  of  sixty 
pounds. 


OF  THE  UNITED  STATES.  313 

After  confirming  the  rights  and  immunities  of  Harvard  college, 
the  constitution  made  it  the  express  duty  of  the  legislature  and 
magistrates,  at  all  future  periods,  "  to  cherish  the  interests  of  lit 
erature  and  the  sciences,  and  all  seminaries  of  them  ;  especially 
the  universky  of  Cambridge,  public  schools,  and  grammar  schools 
in  the  towns  ;  to  encourage  private  societies  and  public  institu 
tions,  by  rewards  and  immunities  for  the  promotion  of  agricul 
ture,  arts,  sciences,  commerce,  trades,  manufactures,  and  a  nat 
ural  history  of  the  country  ;  to  countenance  and  inculcate  the 
principles  of  humanity  and  general  benevolence,  public  and  pri 
vate  charity,  industry  and  frugality,  honesty  and  punctuality  in 
their  dealings ;  sincerity,  good  humor,  and  all  social  affections 
and  generous  sentiments  among  the  people." 

The  second  and  third  articles  of  the  bill  of  rights  embraced  the 
subject  of  religion  and  religious  liberty.  It  was  declared  to 
be  the  duty  of  all  men  in  society  publicly,  and  at  stated  seasons, 
to  worship  the  Supreme  Being,  the  Great  Creator  and  Preserver 
of  the  universe.  But  that  no  one  should  be  hurt,  molested,  or 
restrained,  in  his  person,  liberty,  or  estate,  for  worshipping  God, 
in  the  manner  and  seasons,  most  agreeably  to  the  dictates  of  his 
own  conscience  ;  or  for  his  religious  professions  or  sentiments. 

The  third  article  declared  this  great  fundamental  truth, c  that  the 
happiness  of  a  people,  and  the  good  order  and  preservation  of  civil 
government  essentially  depended  upon  piety,  religion,  and  morality.' 
The  same  article,  also,  asserted,  that  as  these  could  not  be  diffused 
throughout  a  community,  but  by  the  institution  of  the  public  wor 
ship  of  God,  the  people  had  a  right  to  invest  their  legislature  with 
power  to  authorize  and  require  the  several  towns,  parishes,  &c., 
"  to  make  suitable  provision  for  the  institution  of  the  public  wor 
ship  of  God,  and  for  the  support  and  maintenance  of  public  pro- 
testant  teachers  of  piety,  religion,  and  morality,  in  all  cases,  where 
such  provision  shall  not  be  made  voluntarily." 

The  people,  however,  were  to  have  the  exclusive  right  of  se 
lecting  their  public  teachers,  and  of  contracting  with  them  for 
their  support ;  and  all  monies  paid  by  any  person,  for  the  support 
of  public  worship,  and  of  public  teachers,  was  to  be  applied  if  he 

VOL.  II.  40 


314  POLITICAL  AND  CIVIL  HISTORY 

required  it,  to  the  support  of  the  teacher  of  his  own  religious  sect 
or  denomination,  if  there  was  any,  on  whose  instructions  he  at 
tended,  otherwise  to  be  paid  to  the  teachers  of  the  parish,  where 
the  money  was  raised.  And  every  denomination  of  Christians 
was  to  be  "  equally  under  the  protection  of  the  law  ;  and  no  sub 
ordination  of  any  sect  or  denomination  to  another  to  be  estab 
lished  by  law." 

Vermont  did  not  become  a  member  of  the  union  until  1791. 
This  state  was  originally  settled  under  grants  from  New  Hamp 
shire,  and  principally  by  the  hardy  yeomanry  of  New  England,  who 
became  acquainted  with  the  country,  in  the  war  of  1 756.  It  was  a 
long  time  known  by  the  name  of  "  the  New  Hampshire  Grants  ;" 
and  its  inhabitants  were  called  "  the  Green  Mountain  boys."  It  was 
claimed  by  New  York,  under  the  old  grant  to  the  duke  of  York  ; 
and  in  1764,  on  an  ex  part e  application  to  the  king  and  council^ 
the  country,  as  far  east  as  Connecticut  river,  was  placed  under 
-the  jurisdiction  of  that  province.  This  was  done  not  only  without 
the  knowledge,  but  contrary  to  the  wishes  of  the  inhabitants ; 
and  they  uniformly  refused  to  submit  to  the  jurisdiction  of  that 
state.  The  government  of  New  York  attempted  to  enforce  obe 
dience  but  in  vain.  Civil  process  was  resisted  by  force,  and  the 
people  at  the  revolution,  declared  themselves  independent,  and 
in  1777,  established  a  temporary  government.  They  afterwards 
requested  to  be  admitted  a  member  of  the  confederacy,  but 
congress  were  unwilling  to  offend  the  states  of  New  York  and 
New  Hampshire,  who  opposed  it.  July  4th,  1786,  a  frame  of 
government  was  established,  containing  provisions  taken  princi 
pally  from  those  of  Pennsylvania  and  Connecticut. 

The  supreme  legislative  power  was  vested  in  a  single  body,  con 
sisting  of  representatives  from  the  several  counties,  to  be  called  the 
general  assembly ;  and  the  supreme  executive  power  in  a  governor 
and  council.  A  governor,  lieutenant  governor,  and  twelve  council 
lors,  were  to  be  chosen  annually,by  the  people.  All  bills  before  they 
became  laws,  were  to  be  laid  before  the  governor  and  council  for 
their  revision  and  concurrence,  or  proposals  of  amendments.  If 
the  amendments  proposed  by  the  council  were  not  agreed  to  by 


OF  THE  UNITED  STATES.  315 

the  assembly,  the  governor  and  council  had  a  right  to  suspend 
the  passage  of  the  bill  until  the  next  session  of  the  legislature. 
The  general  assembly,  in  conjunction  with  the  council,  were  an 
nually  to  appoint  judges  and  other  principal  officers,  to  be  com 
missioned  by  the  governor — every  man  of  the  age  of  twenty-one, 
having  resided  in  the  state  one  year,  and  of  quiet  and  peaceable 
behavior,  was  an  elector.  No  person  could  be  compelled  to  at 
tend  any  religious  worship,  or  support  any  place  of  worship,  or 
maintain  any  minister.  Schools  were  to  be  maintained  in  the 
towns,  and  one  or  more  grammar  schools  incorporated  and  pro 
perly  supported  in  each  county. 

A  council  of  censors  was  to  be  chosen  every  seven  years,  with 
the  same  powers  as  in  Pennsylvania. 

By  the  constitution  of  Georgia,  established  in  May,  1789,  the  re 
presentatives  were  elected  annually,  and  the  senators  every  third 
year.  The  governor,  in  whom  the  executive  power  was  lodged, 
was  elected  every  two  years  in  the  following  manner  ^ — the  house 
was  to  vote  by  ballot  for  three  persons,  and  a  list  of  the  persons 
voted  for  sent  to  the  senate,  and  out  of  the  three  persons  having 
the  highest  number  of  votes,  the  senate  was  to  elect  a  governor. 

The  state  officers  were  to  be  oppointed  as  follows, — the  house 
of  representatives  to  vote  for  three  persons  ;  and  a  list  of  the  three 
persons  having  the  highest  number  of  votes,  was  to  be  transmit 
ted  to  the  senate,  from  which  the  senate  was  to  choose  one.  The 
governor,  however,  was  to  appoint  military  officers,  and  his  sec 
retary  ;  and  the  legislature  might  vest  the  appointment  of  inferior 
officers  in  the  governor,  the  courts  of  justic,  or  in  such  other  man 
ner  as  they  might  by  law  direct.  The  governor  was  to  revise  all 
bills  passed  by  both  houses,  and  without  his  assent,  such  bills 
could  not  become  laws,  unless  re-passed  by  two  thirds  of  both 
branches. 

Electors  must  have  resided  in  the  county  six  months,  and  paid 
a  tax  for  the  year  preceding  the  election.  The  judges  of  the 
supreme  court  and  the  attorney  general,  were  to  hold  their  offices 
three  years ;  and  all  persons  to  have  the  free  exercise  of  their  re 
ligion,  without  being  obliged  to  contribute  to  any  religious  pro 
fession  but  their  own. 


316  POLITICAL  AND  CIVIL  HISTORY,  &c. 

By  the  investigations  and  discussions  which  took  place  in  the 
general  and  state  conventions,  relative  to  the  new  system  of  gen 
eral  government,  the  leading  principles  in  the  formation  of  Amer 
ican  constitutions  became  better  understood  by  the  people  of  the 
United  States.  Many  of  the  states,  soon  after  the  new  govern 
ment  went  into  successful  operation,  revised  the  systems  they 
had  hastily  established  at  an  early  period  of  the  revolution. 

Pennsylvania  and  South  Carolina  formed  new  constitutions  in 
1790,  New  Hampshire  and  Delaware  in  1792.  The  alterations 
in  that  of  South  Carolina  we  have  before  noticed.  Pennsylvania 
now  divided  her  legislature  into  two  branches,  and  gave  her  gov 
ernor  a  qualified  negative  to  legislative  acts.  The  governor  of  that 
state  was  to  be  chosen  by  the  people  for  three  years,  but  was  not  ca 
pable  of  holding  the  office  longer  than  nine  years  out  of  twelve, 
and  was  vested  with  the  power  of  appointingjnost  of  the  state  offi 
cers.  The  council  of  censors  was  abolished.  The  constitution  of 
Delaware  was  made  in  a  great  measure  conformable  to  that  of 
Pennsylvania,  with  the  exception  of  the  partial  negative  of  the  chief 
magistrate  to  legislative  acts.  Vermont  revised  her  system  in 
1793,  but  retained  most  of  the  principles  contained  in  that  of 
1 786.  The  constitutions  of  the  new  states  of  Kentucky  and  Ten 
nessee,  admitted  into  the  union  during  the  administration  of  pres 
ident  Washington,  conformed  in  their  general  principles  to  that 
of  the  United  States.  With  respect  to  slavery,  the  constitution 
of  Kentucky  prohibited  the  legislature  from  passing  laws  for  the 
emancipation  of  slaves  without  the  consent  of  their  owners,  or 
without  paying  them  a  full  equivalent  in  money  for  those 
emancipated.  Nor  could  they  prevent  emigrants  from  bring 
ing  with  them  slaves,  so  long  as  slavery  existed  in  the  state. 
The  legislature,  however,  were  directed  to  pass  laws  permitting 
the  owners  of  slaves  to  emancipate  them,  securing  the  rights  of 
creditors,  and  preventing  them  from  being  a  charge  to  any  coun 
ty  ;  and  the  legislature  had  power  also  to  prevent  them  from 
being  brought  into  the  state  as  merchandize,  as  well  as  from  be 
ing  brought  there  from  a  foreign  country. 


CHAPTER  XX. 

First  congress  under  the  new  constitution  meet  at  New  York,  on  the  4th  of  March, 
1789— -George  Washington  chosen  president,  and  John  Adams  vice-president- 
President's  inaugural  speech,  and  answers  of  both  houses— Congress  lay  tonnage 
and  other  duties— Give  a  preference  to  American  shipping— Establish  different  de 
partments—Determine  the  question  about  the  removal  of  the  heads  of  these  de 
partments—Power  of  removal  vested  in  the  president  alone— Debate  on  this  sub 
ject—The  senate  about  equally  divided  upon  it— Amendments  to  the  constitution 
proposed— A  national  judiciary  established— Its  powers  and  jurisdiction— Vessels 
of  North  Carolina  and  Rhode  Island  placed  on  the  same  footing  with  those  of  the 
United  States,  until  the  15th  of  January,  1790- -Congress  direct  the  secretary  of  the 
treasury  to  report,  at  their  next  session,  a  plan  for  the  support  of  public  credit— Re 
quest  the  president  to  recommend  the  observance  of  a  day  of  public  thanksgiving 
and  prayer- —Adjourn  to  the  first  Monday  of  January,  1790— North  Carolina  adopts 
the  constitution  in  November— Speech  of  the  president  at  the  opening  of  the  second 
session  of  congress- —He  recommends  the  promotion  of  such  manufactures,  as 
would  render  the  United  States  independent  on  others  for  essential  articles,  the 
establishment  of  a  good  militia  system,  and  adequate  provision  for  the  support  of 
public  credit— Financial  plan  of  the  secretary  of  the  treasury,  submitted  to 
the  house  in  January — Outlines  of  this  plan — Secretary  recommends  funding  the 
debt  of  the  United  States,  and  the  assumption  of  the  state  debts — This  creates  great 
divisions  and  long  debates  in  congress — Motion  to  discriminate  between  the  original 
holders  and  the  assignees  of  the  domestic  debt  negatived — Assumption  of  the  state 
debts  violently  opposed — Debates  on  this  question — Finally  carried — Terms  of 
funding  the  debts — Commissioners  appointed  to  settle  the  accounts  between  the 
states,  and  principles  of  settlement  adopted — Census  of  the  inhabitants  to  be  taken 
on  the  first  Monday  of  August,  1790 — Third  session  commences  the  first  Monday 
of  December,  1790 — Vermont  and  Kentucky  admitted  into  the  union — National 
bank  established — Strongly  opposed  as  unconstitutional — Cabinet  divided  on  the 
question — President  decides  in  favor  of  its  constitutionality — Duties  laid  on  spirits 
distilled  within  the  United  States— Opposed  in  congress,  and  in  some  of  the  states 
— Speech  of  the  president  at  the  opening  of  the  first  session  of  the  second  congress 
in  October,  1791 — Ratio  of  representation  settled — Difference  between  the  houses 
and  the  president  as  to  the  constitutional  rule  of  apportionment — Gen.  St.  Clair  and 
his  army  defeated  by  the  Indians — Opposition  to  the  internal  duties  increases — 
The  two  great  parties  in  the  United  States  more  distinctly  marked — Cabinet  divided 
— An  inquiry  into  the  official  conduct  of  the  secretary  of  the  treasury,  instituted  in 
the  house  of  representatives — Charges  exhibited  against  him — Negatived  by  a 
large  majority — Supreme  court  decides,  that  a  state  is  liable  to  a  suit  in  favor  of  in 
dividuals — An  amendment  altering  the  constitution  in  this  respect  proposed  and 
adopted — The  first  term  of  president  Washington's  administration  expires  on  the 
4th  of  March,  1793. 

THE  national  legislature  under  the  new  system  of  government, 
convened  at  New  York,  on  the  4th  day  of  March,  1789,  and  con 
sisted  of  senators  and  representatives  from  eleven  states. 


318  POLITICAL  AND  CIVIL  HISTORY 

A  quorum  of  both  houses  did  not  attend  until  the  6th  of  April, 
when,  on  counting  the  electoral  votes  it  appeared,  that  George 
Washington  was  unanimously  chosen  president,  and  that  John 
Adams  was  elected  vice-president. 

Whatever  difference  of  opinion  existed  among  the  people  of 
the  United  States,  with  respect  to  the  government  itself,  there 
was  none  as  to  the  person,  who  as  their  first  chief  magistrate, 
was  to  be  selected  to  administer  it.  All  eyes,  from  the  beginning, 
were  turned  to  general  Washington,  as  the  first  president ;  and 
he  received,  what  perhaps  no  individual  in  so  high  a  station  in 
any  age  ever  before  received,  the  unanimous  and  voluntary  suf 
frages  of  a  whole  nation. 

Informed  of  his  election  by  a  special  messenger,  the  president 
immediately  left  his  beloved  retreat,  and  set  out  for  the  seat  of 
government.  He  was  received  on  his  way,  by  the  sincere  con 
gratulations  of  numerous  public  bodies,  as  well  as  individuals.* 

He  was  met  at  Elizabethtown,  by  a  committee  from  both  houses 
of  congress,  and  escorted  into  the  city  of  New  York,  amidst  the 
acclamations  of  thousands. 

On  the  30th  of  April,  the  oath  of  office  was  administered  to 
him  by  the  chancellor  of  the  state  of  New  York,  in  the  gallery  in 

*  His  reception  at  Trenton  was  peculiarly  interesting.  The  inhabitants  of  that  vil 
lage  had  not  forgotten  the  memorable  scenes  of  December,  1776. 

On  the  bridge  over  the  creek  where  the  progress  of  the  enemy  was  arrested  twelve 
years  before,  the  ladies  of  Trenton  erected  a  triumphal  arch,  ornamented  with  flowers, 
on  the  front  of  which  was  inscribed,  "  the  defender  of  the  mothers  will  be  the  protec 
tor  of  the  daughters."  He  was  here  met  by  the  ladies,  attended  by  their  little  daugh 
ters,  who  as  he  passed,  literally  strewed  his  way  with  flowers,  as  they  sung  the  fol 
lowing  ode— 

"  Welcome  mighty  chief,  once  more 

Welcome  to  this  grateful  shore  ; 

Now  no  mercenary  foe 

Aims  again  the  fatal  blow, 

Aims  at  thee  the  fatal  blow. 

"  Virgins  fair  and  matrons  grave 
Those  thy  conquering  arms  did  save, 
Build  for  thee  triumphal  bowers  ; 
Strew  ye  fair  his  way  with  flowers, 
Strew  your  Hero's  way  with  flowers." 


OF  THE  UNITED  STATES.  319 

front  of  the  senate  chamber,  in  the  presence  of  the  members  of 
the  senate  and  house  of  representatives,  and  a  vast  concourse  of 
citizens  ;  and  he  was  proclaimed  president  of  the  United  States. 
Every  countenance  beamed  with  inexpressible  joy,  at  the  sight  of 
the  venerated  chief,  to  whom,  under  God,  they  were  so  much  in 
debted  not  only  for  their  independence^  but  that  form  of  govern 
ment,  in  the  administration  of  which  he  had  consented  to  take  a 
share,  and  which  he  had  in  their  presence  solemnly  sworn  to  sup 
port.  Soon  after  taking  the  oath,  he  retired  to  the  senate  cham 
ber,  and  made  the  following  address  to  both  houses. 

"  Fellow  citizens  of  the  senate, 

and  house  of  representatives , 

"  Among  the  vicissitudes  incident  to  life,  no  event  could  have 
filled  me  with  greater  anxieties,  than  that  of  which  the  notifica 
tion  was  transmitted  by  your  order,  and  received  on  the  1 4th  day 
of  the  present  month.  On  the  one  hand,  I  was  summoned  by 
my  country,  whose  voice  I  can  never  hear  but  with  veneration 
and  love,  from  a  retreat  which  I  had  chosen  with  the  fondest  pre 
dilection,  and,  in  my  flattering  hopes,  with  an  immutable  decision, 
as  the  asylum  of  my  declining  years,  a  retreat  which  was  render 
ed  every  day  more  necessary  as  well  as  more  dear  to  me,  by  the 
addition  of  habit  to  inclination,  and  of  frequent  interruptions  in 
my  health  to  the  gradual  waste  committed  on  it  by  time.  On  the 
other  hand,  the  magnitude  and  difficulty  of  the  trust  to  which  the 
voice  of  my  country  called  me,  being  sufficient  to  awaken  in  the 
wisest  and  most  experienced  of  her  citizens,  a  distrustful  scrutiny 
into  his  qualifications,  could  not  but  overwhelm  with  despond 
ence,  one,  who,  inheriting  inferior  endowments  from  nature,  and 
unpractised  in  the  duties  of  civil  administration,  ought  to  be  pe 
culiarly  conscious  of  his  own  deficiencies.  In  this  conflict  of 
emotions,  all  I  dare  aver,  is,  that  it  has  been  my  faithful  study  to 
collect  my  duty  from  a  just  appreciation  of  every  circumstance 
by  which  it  might  be  affected.  All  I  dare  hope,  is,  that,  if  in  ex 
ecuting  this  task,  I  have  been  too  much  swayed  by  a  grateful  re 
membrance  of  former  instances,  or  by  an  affectionate  sensibility 
to  this  transcendant  proof  of  the  confidence  of  my  fellow  citizens, 


320  POLITICAL  AND  CIVIL  HISTORY 

and  have  thence  too  little  consulted  my  incapacity  as  well  as  dis 
inclination,  for  the  weighty  and  untried  cares  before  me,  my  error 
will  be  palliated  by  the  motives  which  misled  me,  and  its  conse 
quences  be  judged  by  my  country,  with  some  share  of  the  par 
tiality  in  which  they  originated. 

"  Such  being  the  impressions  under  which  I  have,  in  obedience 
to  the  public  summons,  repaired  to  the  present  station,  it  would 
be  peculiarly  improper  to  omit,  in  this  first  official  act,  my  fervent 
supplications  to  that  Almighty  Being,  who  rules  over  the  universe, 
who  presides  in  the  councils  of  nations,  and  whose  providential 
aids  can  supply  every  human  defect,  that  his  benediction  may 
consecrate   to  the  liberties  and  happiness  of  the  people  of  the 
United  States,  a  government  instituted  by  themselves  for  these 
essential  purposes,  and  may  enable  every  instrument  employed  in 
its  administration,  to  execute  with  success  the  functions  allotted 
to  his  charge.     In  tendering  this  homage  to  the  great  Author  of 
every  public  and  private  good,  I  assure  myself  that  it  expresses 
your  sentiments  not  less  than  my  own ;  nor  those  of  my  fellow 
citizens  at  large,  less  than  either.     No  people  can  be  bound  to 
acknowledge  and  adore  the  invisible  hand,  which  conducts  the 
affairs  of  men,  more  than  the  people  of  the  United  States.     Eve 
ry  step,  by  which  they  have  advanced  to  the  character  of  an  inde 
pendent  nation,  seems  to  have  been  distinguished  by  some  token 
of  providential  agency.     And  in  the  important  revolution  just  ac 
complished  in  the  system  of  their  united  government,  the  tranquil 
deliberations,  and  voluntary  consent  of  so  many  distinct  commu 
nities,  from  which  the  event  has  resulted,  cannot  be  compared 
with  the  means  by  which  most  governments  have  been  establish 
ed,  without  some  return  of  pious  gratitude,  along  with  a  humble 
anticipation  of  the  future  blessings  which  the  past  seem  to  pre 
sage.     These  reflections  arising  out  of  the  present  crisis,  have 
forced  themselves  too  strongly  on  my  mind  to  be  suppressed.  You 
will  join  with  me,  I  trust,  in  thinking  that  there  are  none  under 
the  influence  of  which  the  proceedings  of  a  new  and  free  govern 
ment  can  more  auspiciously  commence. 

"  By  the  article  establishing  the  executive  department,  it  is 
made  the  duty  of  the  president, '  to  recommend  to  your  consid- 


OF  THE  UNITED  STATES.  321 

eration  such  measures  as  he  shall  judge  necessary  and  expedi 
ent.'  The  circumstances  under  which  I  now  meet  you,  will  ac 
quit  me  from  entering  into  that  subject,  further  than  to  refer  to 
the  great  constitutional  charter  under  which  you  are  assembled, 
and  which,  in  defining  your  powers,  designates  the  objects  to 
which  your  attention  is  to  be  given.  It  will  be  more  consistent 
with  those  circumstances,  and  far  more  congenial  with  the  feel 
ings  which  actuate  me,  to  substitute,  in  place  of  a  recommenda 
tion  of  particular  measures,  the  tribute  that  is  due  to  the  talents, 
the  rectitude,  and  the  patriotism  which  adorn  the  characters  se 
lected  to  devise  and  adopt  them.  In  these  honorable  qualifica 
tions,  I  behold  the  surest  pledges,  that  as  on  one  side  no  local 
prejudices  or  attachments,  no  separate  views,  nor  party  animosi 
ties,  will  misdirect  the  comprehensive  and  equal  eye  which  ought 
to  watch  over  this  great  assemblage  of  communities  and  inter 
ests  ;  so  on  another,  that  the  foundations  of  our  national  policy 
will  be  laid  in  the  pure  and  immutable  principles  of  private  mo 
rality  ;  and  the  pre-eminence  of  free  government  be  exemplified 
by  all  the  attributes  which  can  win  the  affections  of  its  citizens, 
and  command  the  respect  of  the  world. 

"  I  dwell  on  this  prospect  with  every  satisfaction  which  an  ar 
dent  love  for  my  country  can  inspire.  Since  there  is  no  truth 
more  thoroughly  established,  than  that  there  exists  in  the  econo 
my  and  course  of  nature,  an  indissoluble  union  between  virtue 
and  happiness — between  duty  and  advantage — between  the  gen 
uine  maxims  of  an  honest  and  magnanimous  policy,  and  the  solid 
rewards  of  public  prosperity  and  felicity.  Since  we  ought  to  be 
no  less  persuaded  that  the  propitious  smiles  of  heaven  can  never 
be  expected  on  a  nation  that  disregards  the  eternal  rules  of  order 
and  right  which  heaven  itself  has  ordained.  And  since  the  pre 
servation  of  the  sacred  fire  of  liberty,  and  the  destiny  of  the  repub 
lican  model  of  government,  are  justly  considered  as  deeply,  per 
haps  as  finally,  staked  on  the  experiment  intrusted  to  the  hands 
of  the  American  people. 

"  Besides  the  ordinary  objects  submitted  to  your  care,  it  will 
remain  with  your  judgment  to  decide,  how  far  an  exercise  of  the 
VOL.  II.  41 


322  POLITICAL  AND  CIVIL  HISTORY 

occasional  power  delegated  by  the  fifth  article  of  the  constitution, 
is  rendered  expedient  at  the  present  juncture  by  the  nature  of 
objections  which  have  been  urged  against  the  system,  or  by  the 
degree  of  inquietude  which  has  given  birth  to  them.  Instead  of 
undertaking  particular  recommendations  on  this  subject,  in 
which  I  couid  be  guided  by  no  lights  derived  from  official  oppor 
tunities,  I  shall  again  give  way  to  my  entire  confidence  in  your 
discernment  and  pursuit  of  the  public  good.  For  I  assure  my 
self,  that  whilst  you  carefully  avoid  every  alteration  which  might 
endanger  the  benefits  of  an  united  and  effective  government,  or 
which  ought  to  await  the  future  lessons  of  experience  ;  a  rever 
ence  for  the  characteristic  rights  of  freemen,  and  a  regard  for  the 
public  harmony,  will  sufficiently  influence  your  deliberations  on 
the  question,  how  far  the  former  can  be  more  impregn'ably  forti 
fied,  or  the  latter  be  safely  and  advantageously  promoted. 

"  To  the  preceding  observations  I  have  one  to  add,  which  will 
be  most  properly  addressed  to  the  house  of  representatives.  It 
concerns  myself,  and  will  therefore  be  as  brief  as  possible.  When 
I  was  first  honored  with  a  call  into  the  service  of  my  country, 
then  on  the  eve  of  an  arduous  struggle  for  its  liberties,  the  light 
in  which  I  contemplated  my  duty,  required  that  I  should  renounce 
every  pecuniary  compensation.  From  this  resolution  I  have  in 
no  instance  departed.  And  being  still  under  the  impressions 
which  produced  it,  I  must  decline  as  inapplicable  to  myself,  any 
share  in  the  personal  emoluments,  which  may  be  indispensably 
included  in  a  permanent  provision  for  the  executive  department ; 
and  must  accordingly  pray,  that  the  pecuniary  estimates  for  the 
station  in  which  I  am  placed,  may,  during  my  continuance  in  it, 
be  limited  to  such  actual  expenditures  as  the  public  good  may  be 
thought  to  require. 

"  Having  thus  imparted  to  you  my  sentiments,  as  they  have 
been  awakened  by  the  occasion  which  brings  us  together,  I  shall 
take  my  present  leave  ;  but  not  without  resorting  once  more  to- 
the  benign  Parent  of  the  human  race,  in  humble  supplication, 
that  since  he  has  been  pleased  to  favor  the  American  people  with 
opportunities  for  deliberating  in  perfect  tranquility,  and  disposi- 


OF  THE  UNITED  STATES.  323 

iions  for  deciding  with  unparalleled  unanimity  on  a  form  of  gov 
ernment,  for  the  security  of  their  union,  and  the  advancement  of 
their  happiness  ;  so  his  divine  blessing  may  be  equally  conspicu 
ous  in  the  enlarged  views,  the  temperate  consultations,  and  the 
wise  measures  on  which  the  success  of  this  government  must  de 
pend.  GEORGE  WASHINGTON." 

Immediately  after  the  address,  he,  with  the  members  of  both 
houses,  attended  divine  service  at  St.  Paul's  chapel.  Thus  com 
menced  the  government  under  the  new  constitution. 

Both  houses  of  the  national  legislature  were  unanimous  in  their 
answers  to  the  inaugural  speech  of  the  president. 

After  congratulating  him  on  the  complete  organization  of  the 
federal  government,  and  felicitating  themselves  and  their  country, 
on  his  elevation  to  the  office  of  president,  the  senate  say,  "the 
unanimous  suffrage  of  the  elective  body  in  your  favor,  is  pecul 
iarly  expressive  of  the  gratitude,  confidence,  and  affection  of  the 
citizens  of  America,  and  it  is  the  highest  testimonial  at  once  of 
your  merit  and  of  your  esteem.  We  are  sensible,  sir,  that  nothing 
but  the  voice  of  your  fellow  citizens,  could  have  called  you  from 
a  retreat,  chosen  with  the  fondest  predilection,  endeared  by  ha 
bit,  and  consecrated  to  the  repose  of  declining  years  :  we  rejoice, 
and  with  us  all  America,  that,  in  obedience  to  the  call  of  our 
common  country,  you  have  returned  once  more  to  public  life. 
In  you  all  parties  confide,  in  you  all  interests  unite,  and  we  have 
no  doubt,  that  your  past  services  great  as  they  have  been,  will 
be  equalled  by  your  future  exertions  ;  and  that  your  prudence 
and  sagacity  as  a  statesman  will  tend  to  avert  the  dangers  to 
which  we  were  exposed,  to  give  stability  to  the  present  govern 
ment,  and  dignity  and  splendor  to  that  country,  which  your  skill 
and  valor  as  a  soldier,  so  eminently  contributed  to  raise  to  inde 
pendence." 

The  representatives  in  their  answer,  expressed  not  merely 
their  own  feelings  of  veneration  and  affection,  but  those  of  the 
whole  American  people. 


324  POLITICAL  AND  CIVIL  HISTORY 

"  You  have  long  held,"  they  said,  "  the  first  place  in  their  es 
teem — you  have  often  received  tokens  of  their  affection — you 
now  possess  the  only  proof  that  remained  of  their  gratitude  for 
your  past  services,  of  their  reverence  for  your  wisdom,  and  of 
their  confidence  in  your  virtues.  You  enjoy  the  highest,  because 
the  truest,  honor  of  being  the  first  magistrate,  by  the  unanimous 
choice  of  the  freest  people  on  the  face  of  the  earth. 

"  We  well  knew  the  anxieties  with  which  you  must  have  obey 
ed  a  summons  from  a  repose  reserved  for  your  declining  years, 
into  public  scenes,  of  which  you  had  taken  your  leave  forever. 
It  is  already  applauded  by  the  universal  joy  which  welcomes  you 
to  your  station.  And  we  cannot  doubt  that  it  will  be  rewarded 
with  all  the  satisfaction  with  which  an  ardent  love  for  your  fellow 
citizens  must  revive  successful  efforts  to  promote  their  happiness. 

"  This  anticipation  is  not  justified  merely  by  the  past  experi 
ence  of  your  signal  services.  It  is  particularly  suggested  by  the 
pious  impressions  under  which  you  commence  your  administra 
tion,  and  the  enlightened  maxims  by  which  you  mean  to 
conduct  it.  We  feel  with  you  the  strongest  obligations  to  adore 
the  invisible  hand  which  has  led  the  American  people  through  so 
many  difficulties,  to  cherish  a  conscious  responsibility  for  the  des 
tiny  of  republican  liberty  ;  and  to  seek  the  only  sure  means  of 
preserving  and  recommending  the  precious  deposit  in  a  system 
of  legislation  founded  on  the  principles  of  an  honest  policy,  and 
directed  by  the  spirit  of  diffusive  patriotism. 

"  The  question  arising  out  of  the  fifth  article  of  the  constitution, 
will  receive  all  the  attention  demanded  by  its  importance  ;  and 
will  we  trust,  be  decided  under  the  influence  of  all  the  considera 
tions  to  which  you  allude. 

"  In  forming  the  pecuniary  provisions  for  the  executive  depart 
ment,  we  shall  not  lose  sight  of  a  wish  resulting  from  motives 
which  give  it  a  peculiar  claim  on  our  regard.  Your  resolution, 
in  a  moment  critical  to  the  liberties  of  your  country,  to  renounce 
all  personal  emolument,  was  among  the  many  presages  of  your 
patriotic  services,  which  have  been  amply  fulfilled ;  and  your 
scrupulous  adherence  now  to  the  law  then  imposed  on  yourself, 


OF  THE  UNITED  STATES.  325 

cannot  fail  to  demonstrate  the  purity,  whilst  it  increases  the  lus 
tre  of  a  character,  which  has  so  many  titles  to  admiration. 

"  Such  are  the  sentiments  which  we  have  thought  fit  to  address 
you.  They  flow  from  our  own  hearts  ;  and  we  verily  believe 
that  among  the  millions  we  represent,  there  is  not  a  virtuous  citi 
zen  whose  heart  will  disown  them. 

"  All  that  remains  is,  that  we  join  in  your  fervent  supplication 
for  the  blessings  of  heaven  on  our  country  ;  and  that  we  add  our 
own  for  the  choicest  of  these  blessings  on  the  most  beloved  of 
her  citizens." 

The  national  legislature  during  its  first  session,  was  principally 
occupied  in  providing  revenues  for  the  long  exhausted  treasury, 
in  establishing  a  judiciary,  in  organizing  the  executive  depart 
ments  in  detail,  and  in  framing  amendments  to  the  constitution, 
agreeably  to  the  suggestion  of  the  president.  The  members 
immediately  entered  upon  the  exercise  of  those  powers,  so  long- 
refused  under  the  old  system  of  general  government.  They 
imposed  a  tonnage  duty,  as  well  as  duties  on  various  im 
ported  articles.  In  the  exercise  of  these  powers,  they  did  not 
lose  sight  of  the  navigating  interest  of  their  country,  which  had 
so  long  been  at  the  mercy  of  other  nations. 

Higher  tonnage  duties  were  imposed  on  foreign  than  on  Amer 
ican  bottoms  ;  and  goods  imported  in  vessels  belonging  to  citizens 
of  the  United  States,  paid  ten  per  cent,  less  duty,  than  the  same 
goods  brought  in  those  owned  by  foreigners.  These  discriminating 
duties,  were  intended  to  counteract  the  commercial  regulations  of 
foreign  nations,  and  encourage  American  shipping.  It  was  pro 
posed  in  the  house  of  representatives,  and  after  long  debate  car 
ried  by  a  small  majority,  to  make  a  difference  in  the  duties,  in 
favor  of  nations  having  commercial  treaties  with  the  United 
States.  This  discrimination,  however,  was  negatived  in  the 
senate. 

To  aid  in  the  management  of  the  affairs  of  the  government, 
three  executive  departments  were  established,  styled  departments 
of  war,  of  foreign  affairs,  and  of  the  treasury,  with  a  secretary  at 
the  head  of  each. 


326  POLITICAL  AND  CIVIL  HISTORY 

The  heads  of  these  departments,  in  addition  to  the  duties  spe 
cially   assigned   them,  were   intended   to  constitute  a  council, 
to  be  consulted  by  the  president  whenever  he  thought  proper  ; 
and  indeed  by  the  constitution,  the  president  was  authorized  to 
require  the  opinions  in  writing  of  the  principal  officers  in  the  ex 
ecutive  departments,  on  subjects  relating  to  the  duties  of  their 
offices.     These  duties  were  designated  in  the  acts  establishing 
the  departments  themselves.     In  framing  these  acts,  it  became 
an  important  subject  of  inquiry,  in  what  manner,  or  by  whom, 
these  important  officers,  could  be  removed  from  office.     This 
was  a  question  as  new  as  it  was  important,  and  was  applicable  to 
all  other  officers  of  executive  appointment.     It  depended  on  the 
construction  of  the  constitution  itself,  and  occasioned  long  and 
learned  debates,  as  well  as  great  divisions  in  both  branches  of  the 
national  legislature.     As  the  doors  of  the  senate  were  not  open, 
the  debates  of  that  body,  on  this  and  other  questions,  were  not 
known.     Some  of  the  members  in  the  house  of  representatives, 
were  of  opinion  that  they  could  not  be  removed,  without  im 
peachment.    The  principal  question,  however,  on  which  congress 
were  divided,  was,  whether  they  were  removable  by  the  president 
alone,  or  by  the  president  in  concurrence  with  the  senate.     A 
majority,  however,  in  both  houses,  decided,  that  this  power  was 
in  the  president  alone.     In  the  house  the  majority  in  favor  of  this 
construction  was  twelve. 

When  the  question  first  came  before  the  senate,  on  the  bill  es 
tablishing  the  department  of  foreign  affairs,  some  of  the  members 
were  absent,  and  that  body  was  equally  divided,  and  the  casting 
vote  was  given  by  the  vice-president.  On  a  subsequent  bill,  there 
was  a  majority  of  two  in  favor  of  the  same  construction.  That 
it  might  not  be  considered  a  grant  of  power  by  congress,  the  law 
was  so  worded,  as  to  imply  a  constitutional  power,  already  exist 
ing  in  the  president ;  the  expressions  being,  "  that  whenever 
the  secretary  shall  be  removed  by  the  president  of  the  Uni 
ted  States,"  &c.  In  opposition  to  this  clause,  it  was  urged  in 
the  first  place,  that  it  was  improper  for  the  legislature,  in  this 
manner,  to  give  a  construction  to  the  constitution.  That  it  should 


OF  THE  UNITED  STATES.  327 

be  left  with  the  judiciary,  another  co-ordinate  department  of 
the  government  ;  or  it  should  remain  to  be  decided  by  the 
president  and  senate,  whenever  the  occasion  occurred,  in  which 
a  decision  should  be  necessary.  In  the  second  place  it  was 
said  that  this  great  and  important  power,  by  a  fair  construc 
tion  of  the  constitution,  was  in  the  president  and  senate.  It  was 
an  established  principle,  its  opponents  said,  that  the  power  of  re 
moval  necessarily  rested  with  those  to  whom  was  entrusted  the 
power  of  appointment,  except  when  there  was  an  express  restric 
tion,  as  in  the  case  of  the  judges,  who  held  their  offices  during 
good  behavior.  That  the  senate  had,  in  effect,  an  equal  voice 
with  the  president,  in  the  appointment  of  officers,  when  their  ap 
pointment  was  not  by  law  vested  in  the  president  alone,  or  in 
some  other  department  of  the  government ;  as  no  appointment 
could  be  made  without  the  assent  of  that  body.  It  was  further 
said,  that  the  constitution  being  silent  on  the  question,  it  was 
contrary  to  sound  policy,  as  well  as  inconsistent  with  the  princi 
ples  of  a  free  government,  to  give,  by  construction,  such  power  to 
any  one  individual.  That  it  was  liable  to  great  abuses,  and 
would  render  officers  entirely  dependent  on  the  will,  perhaps  the 
whim  and  caprice  of  one  man.  Whatever  confidence  might  be 
placed  in  the  chief  magistrate,  then  at  the  head  of  the  govern 
ment,  equal  confidence  could  not  be  expected  in  his  successors. 
That  a  concurrence  of  the  senate  was  as  necessary  and  proper, 
in  the  removal  of  a  person  from  office,  as  in  his  appointment. 

The  advocates  for  this  clause  in  the  bill,  agreed  in  its  import 
ance,  and  considered  the  genius  and  character  of  the  govern 
ment  itself,  in  no  small  degree,  to  depend  upon  it.  In  ordi 
nary  cases,  they  said,  constitutional  questions  might  be  left  with 
the  judiciary  department  without  a  legislative  expression  of 
opinion  ;  but  that  this  one  was  of  no  ordinary  character  or 
magnitude ;  one,  which  it  would  be  difficult  to  bring  properly 
before  the  courts.  It  was  one,  on  which  it  was  highly  proper 
that  the  legislature,  particularly  the  house  of  representatives, 
should  express  an  opinion.  This  opinion,  if  assented  to  by  the 
president  and  senate,  would  put  the  question  at  rest.  That  if  left 


328  POLITICAL  AND  CIVIL  HISTORY 

to  be  settled  at  a  future  time  by  the  president  and  senate,  a  dif 
ference  might  arise  between  them,  which  would  create  infinite 
difficulties  and  delays,  in  the  administration  of  the  government. 
They  also  contended,  that  by  a  fair  construction  of  the  constitu 
tion,  this  power  was  in  the  president  alone.  It  was  a  political 
axiom,  they  said,  not  to  be  disputed,  that  the  legislative,  ex 
ecutive  and  judicial  powers  of  government,  should  be  kept  dis 
tinct,  and  blended  as  little  as  possible.  That  by  the  consti 
tution,  the  executive  power  was  vested  in  the  president ;  and  the 
association  of  the  senate,  in  one  executive  function,  was  an  ex 
ception  to  the  general  principle,  and  that  exceptions  to  general 
rules  were  taken  strictly.  So  by  the  constitution,  all  legislative 
power  was  vested  in  congress  ;  and  the  qualified  negative  given  to 
the  president  was  only  a  special  restriction  to  this  general  power. 
The  power  of  appointment,  they  also  said,  was  substantially  in 
the  president  alone.  He  was  authorized  to  nominate,  and  by 
and  with  the  advice  and  consent  of  the  senate,  to  appoint.  The 
president  was  the  agent,  and  the  senate  had  only  a  negative  on 
his  agency. 

Other  parts  of  the  constitution  were  referred  to  in  support  of 
this  construction.  The  president,  they  said,  was  directed  to 
take  care,  that  the  laws  be  faithfully  executed ;  and  it  must  have 
been  the  intention  of  the  framers  of  the  new  system,  to  give  him 
power,  to  an  extent  necessary  for  the  accomplishment  of  that  ob 
ject.  If  an  officer,  once  appointed,  was  not  to  depend  on  the  pre 
sident  alone  for  his  official  existence,  it  would  be  difficult  to  see 
how  he  could  be  answerable  for  a  faithful  execution  of  the  laws. 
It  was  urged  with  great  force  also,  that  if  the  power  of  re 
moval  was  divided  between  the  president  and  senate,  respon 
sibility  would  be  destroyed,  and  the  benefits  expected  from  its 
exercise,  in  a  great  measure,  lost.  Secrecy  and  despatch  were 
often  necessary  to  secure  and  preserve  the  public  interest.  Facts 
relative  to  the  mal-conduct  of  an  officer,  might  come  to  the 
knowledge  of  the  president,  rendering  an  immediate  removal 
indispensable  ;  and  the  delay  in  convening  the  senate,  might  be 
fatal  to  the  best  interests  of  the  community.  In  answer  to  the 


OF  THE  UNITED  STATES.  329 

objection,  that  this  power  would  be  liable  to  great  abuse,  in  the 
hands  of  an  individual,  it  was  said,  that  all  power  wherever  plac 
ed,  was  liable  to  this  objection  ;  but  that  the  mode  of  choosing  the 
chief  magistrate  would  ensure  the  election  of  an  individual  of  in 
tegrity  as  well  as  talents  ;  and  that  the  tenure  of  office  would  be 
as  secure,  and  the  liberties  of  the  people  as  safe,  in  the  hands  of  a 
president  thus  chosen,  as  with  the  president  and  senate. 

With  respect  to  removals,  from  whim,  caprice  or  any  unwor 
thy  motives,  it  was  alleged,  that  sufficient  checks  were  provided 
against  such  a  wanton  abuse  of  this  power.  That  the  principal 
if  not  the  only  inducement  for  the  removal  of  a  meritorious  offi 
cer,  would  be,  to  place  some  favorite  in  his  room.  The  president, 
indeed,  might  remove,  but  he  could  not  supply  the  vacancy  with 
out  the  assent  of  the  senate.  The  nomination  of  a  successor, 
would  elicit  inquiry  in  that  body,  and  produce  a  rejection  of  the 
favorite  nominated  to  fill  the  vacancy. 

It  was  also  stated  by  some  members,  particularly  by  Mr. 
Lawrence  and  Mr.  Madison,  that  for  such  wanton  abuse  of  power, 
the  president  himself  would  be  liable  to  impeachment  and  remo 
val  from  office. 

"  If  the  president,"  said  Mr.  Lawrence,  "  abuse  his  trust,  will 
he  escape  the  popular  censure,  when  the  period  which  terminates 
his  elevation  arrives  ?  And  would  he  not  be  liable  to  impeach 
ment  for  displacing  a  worthy  and  able  man,  who  enjoyed  the  con^ 
fidence  of  the  people  ?" 

"  The  danger,  then,"  Mr.  Madison  observed,  "  consists  in  this? 
the  president  can  displace  from  office,  a  man  whose  merits  re 
quire  that  he  should  be  continued  in  it.  What  will  be  the  mo 
tives  which  the  president  can  feel  for  such  abuse  of  his  power, 
and  the  restraints  to  operate  to  prevent  it  ?  In  the  first  place,  he 
will  be  impeachable  by  this  house,  before  the  senate,  for  such  an 
act  of  mal-administration  ;  for  I  contend,  that  the  wanton  remo 
val  of  meritorious  officers,  would  subject  him  to  impeachment 
and  removal  from  his  own  high  trust."* 

*  Congressional  Register,  vol.  1,  p.  503. 
VOL.  II.  42 


330  POLITICAL  AND  CIVIL  HISTORY 

This  decision  of  a  great  constitutional  question,  has  been  ac 
quiesced  in,  and  its  consequences  has  been  of  greater  import 
ance  than  almost  any  other,  since  the  establishment  of  the  new  go 
vernment.  From  the  manner  in  which  this  power  has  been  exercis 
ed,  it  has  given  a  tone  and  character  to  the  executive  branch  of 
the  government,  not  contemplated,  it  is  believed,  by  the  framers  of 
the  constitution,  or  by  those  who  composed  the  first  congress  un 
der  it.  It  has  greatly  increased  the  influence  and  patronage  of 
the  president,  and  in  no  small  degree  made  him  the  center, 
around  which  the  other  branches  of  the  government  revolve. 

The  experience  of  a  few  years  has  evinced  that  the  sup 
posed  checks  to  executive  influence,  have,  in  many  instances, 
been  too  feeble  and  inefficient,  nor  can  it  be  expected,  they  will 
be  more  efficacious  in  future.  While  so  many  members  of  the 
national  legislature  are  themselves  candidates  for  office,  the  bal 
ance  of  power  will  incline  to  the  side  of  the  executive. 

The  constitution  is  not  only  silent  on  the  subject,  but  it  does 
not  appear  from  the  proceedings  of  the  general  convention,  that 
the  question  was  agitated  in  that  body.  The  members  of  that 
convention,  who  were  members  of  the  house  of  representatives, 
differed  in  opinion  on  this  point.  Mr.  Madison  and  Mr.  Baldwin 
supported  the  construction  finally  adopted  by  congress,  and 
Mr.  Sherman  and  Mr.  Gerry  opposed  it.  The  opinion  of  Mr. 
Hamilton,  as  given  in  the  Federalist,  was  the  same  as  that  of 
the  two  latter  gentlemen.  The  author  of  number  seventy  seven, 
(Mr.  Hamilton)  savs,  "  it  has  been  mentioned,  as  one  of  the  ad 
vantages  to  be  expected  from  the  co-operation  of  the  senate,  in 
the  business  of  appointments,  that  it  would  contribute  to  the  sta 
bility  of  the  administration. 

"  The  consent  of  that  body  would  be  necessary  to  displace,  as 
well  as  to  appoint.  A  change  of  the  chief  magistrate,  therefore, 
would  not  occasion  so  vehement  or  general  a  revolution  in  the 
officers  of  the  government,  as  might  be  expected,  if  he  were  the 
sole  disposer  of  offices.  When  a  man,  in  any  situation,  had 
given  satisfactory  evidence  of  his  fitness  for  it,  a  new  president 


OF  THE  UNITED  STATES.  331 

would  be  restrained  from  attempting  a  change,  in  favor  of  a  per 
son  more  agreeable  to  him,  by  the  apprehension,  that  the  dis 
countenance  of  the  senate  might  frustrate  the  attempt,  and  bring 
discredit  upon  himself." 

The  question,  indeed,  presented  difficulties  of  no  ordinary  mag 
nitude,  and  not  easy  of  solution. 

And  it  is,  perhaps,  not  less  difficult  to  provide  a  remedy  for  the 
evils*  which  have  and  may  arise,  in  the  administration  of  the  gov 
ernment,  from  the  extent  and  influence  of  executive  power.  The 
legislative  body  should  be  particularly  guarded  against  its  im 
proper  effects.  The  hope  or  expectation  of  office,  from  presiden 
tial  favor,  should  never  be  suffered  to  enter  the  minds  of  the 
members  of  the  legislative  department.  The  constitution,  in 
deed,  attempted  to  provide  against  this  influence,  in  that  branch 
of  the  government,  by  declaring,  "  that  no  senator  or  representa 
tive  should,  during  the  time  for  which  he  was  elected,  be  appoint 
ed  to  any  civil  office,  under  the  authority  of  the  United  States, 
which  should  have  been  created,  or  the  emoluments  whereof  had 
been  increased,  during  such  time." 

This  subject  created  no  little  difficulty  as  well  as  division  among 
the  framers  of  the  constitution. 

The  general  convention,  in  the  first  instance,  provided,  that  the 
members  of  each  house  should  be  incapable  of  holding  any  office, 
under  the  authority  of  the  United  States,  during  the  time  for 
which  they  should  be  elected  ;  and  that  the  members  of  the 
senate  should  be  incapable  of  holding  any  office,  for  one  year 
afterwards.  This  was  finally  restricted  in  the  manner  above 
stated. 

The  benefits  of  this  restriction,  however,  were  principally  limit 
ed  to  the  early  period  of  the  government,  when  most  of  the  offi 
ces  now  in  existence  were  created,  and  the  emoluments  settled ; 
and  this  provision  now  affords  but  a  feeble  check  against  the 
evil  intended  to  be  remedied. 

The  subject  of  amending  the  constitution,  was  brought  before 
congress  during  this  session,  by  petitions  from  the  states  of  Vir 
ginia  and  New  York,  requesting  that  another  convention  might 


332  POLITICAL  AND  CIVIL  HISTORY 

be  called  to  take  into  consideration  and  report  such  amendments 
as  they  might  think  proper  and  best  calculated  "  to  promote  our 
common  interests,  and  to  secure  to  ourselves  and  our  latest  pos 
terity,  the  great  arid  unalienable  rights  of  mankind."  The  states 
of  Virginia  and  New  York  were  both  opposed  to  the  constitution 
without  the  amendments  proposed  in  their  respective  conven 
tions.  This  opposition  was  strongly  manifested  in  the  legislature 
of  Virginia,  in  the  first  choice  of  senators.  Mr.  Madison,  who 
had  been  so  instrumental,  not  only  in  forming  the  new  system, 
but  in  procuring  its  ratification,  though  a  candidate,  lost  his  elec 
tion.  His  opponents,  Richard  Henry  Lee  and  William  Grayson, 
were  chosen.  The  same  legislature  requested  another  general 
convention. 

Congress,  however,  had  no  authority  to  call  a  convention.  Mr. 
Madison  submitted  to  the  house  several  amendments,  which,  to 
gether  with  those  presented  by  the  several  states,  were  referred 
to  a  committee  consisting  of  one  member  from  a  state,  with  gen 
eral  instructions.  Amendments  were  reported  by  this  committee, 
and  after  long  debates  and  various  alterations,  twelve  articles 
were  agreed  to  by  both  houses,  to  be  submitted  to  the  states. 
These  were  in  substance,  that  congress  should  make  no  law  re 
specting  an  establishment  of  religion,  or  prohibit  the  free  exer 
cise  thereof,  or  abridging  the  freedom  of  speech  or  of  the  press ; 
or  the  right  of  the  people  peaceably  to  assemble,  and  to  petition 
for  a  redress  of  grievances. 

That  the  right  of  the  people  to  keep  and  bear  arms  should  not 
be  infringed. 

That  no  soldier,  in  time  of  peace  be  quartered  in  any  house, 
without  the  consent  of  the  owner ;  nor  in  time  of  war,  but  in  a 
manner  prescribed  by  law. 

The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures, 
not  to  be  violated  ;  and  no  warrants  to  issue,  but  upon  probable 
cause,  supported  by  oath  or  affirmation,  and  particularly  describ 
ing  the  place  to  be  searched,  and  the  persons  or  things  to  be 
seized. 


OF  THE  UNITED  STATES.  333 

No  person  to  be  held  to  answer  for  a  capital  or  other  infamous 
crime,  unless  on  presentment  of  a  grand  jury,  except  in  cases 
arising  in  the  land  or  naval  forces,  or  in  the  militia,  when  in  actu 
al  service  ;  no  person  to  be  subject  to  be  put  twice  in  jeopardy 
of  life  or  limb  for  the  same  offence  ;  or  compelled  in  any  criminal 
case,  to  be  a  witness  against  himself;  nor  be  deprived  of  life,  lib 
erty,  or  property  without  due  process  of  law  ;  nor  private  proper 
ty  be  taken  for  public  use*  without  just  compensation. 

In  all  criminal  prosecutions,  the  accused  to  enjoy  the  right  to  a 
speedy  and  public  trial  by  an  impartial  jury  in  the  state  where 
the  crime  was  committed  ;  to  be  informed  of  the  nature  of  the 
accusation  ;  be  confronted  with  the  witnesses  against  him  ;  to 
have  compulsory  process  for  his  witnesses,  and  to  have  council 
for  his  defense. 

The  right  of  trial  by  jury  to  be  preserved,  in  all  suits  at  common 
law,  where  the  value  in  controversy  exceeded  twenty  dollars  ;  and 
no  fact  tried  by  a  jury  to  be  otherwise  re-examined  in  any  court 
of  the  United  States,  than  according  to  the  rules  of  common  law. 

Excessive  bail  not  to  be  required  ;  nor  excessive  fines  imposed, 
nor  unusual  punishments  inflicted. 

The  enumeration  of  certain  rights  in  the  constitution,  not  to  be 
construed  to  deny  or  disparage  others  retained  by  the  people. 

The  powers  not  delegated  to  the  United  States  by  the  consti 
tution,  nor  prohibited  by  it  to  the  states,  were  reserved  to  the 
states,  or  to  the  people. 

As  to  numbers  in  the  house  of  representatives,  one  article  pro 
vided,  that  after  the  first  enumeration,  there  should  be  one  rep 
resentative  for  every  thirty  thousand,  until  the  whole  number 
should  be  one  hundred,  after  which  there  should  be  not  less  than 
one  hundred,  nor  more  than  one  representative  for  every  forty 
thousand,  until  the  whole  number  was  two  hundred,  after  this 
the  whole  not  to  be  less  than  two  hundred,  nor  more  than  one 
for  every  fifty  thousand. 

No  law  varying  the  compensation  for  the  services  of  the  mem 
bers  of  congress,  was  to  take  effect,  until  after  an  election  of  rep 
resentatives  should  have  intervened.  These  amendments,  it  will 


334  POLITICAL  AND  CIVIL  HISTORY 

be  perceived,  were  principally  confined  to  a  declaration  of  rights, 
and  did  not  include  those  various  alterations  in  the  body  of  the 
constitution  proposed  by  some  of  the  states,  particularly  by 
Virginia  and  New  York. 

In  the  senate,  the  various  amendments  adopted  by  the  Virginia 
convention  were  moved  and  rejected.  This  gave  great  dissat 
isfaction  to  the  senators  as  well  as  the  people  of  that  state. 

In  transmitting  those  proposed  by  congress,  to  the  speaker  of  the 
house  of  representatives,  the  Virginia  senators  observed,  "  it  is  im 
possible  for  us  not  to  see  the  necessary  tendency  to  consolidated 
empire,  in  the  natural  operation  of  the  constitution,  if  not  further 
amended  than  is  now  proposed  ;  it  is  equally  impossible  for  us, 
not  to  be  apprehensive  for  civil  liberty,  when  we  know  of  no  in 
stance  in  the  records  of  history,  that  shows  a  people  ruled  in  free 
dom,  when  subject  to  one  undivided  government,  and  inhabiting 
territory  so  extensive  as  that  of  the  United  States,  and  when,  as 
seems  to  us,  the  nature  of  man  and  of  things  prevent  it.  The 
impracticability  in  such  case,  of  carrying  representation  sufficient 
ly  near  to  the  people  for  procuring  their  confidence  and  conse 
quent  obedience,  compels  a  resort  to  fear  resulting  from  great 
force,  and  excessive  power  in  government.  Confederated  repub 
lics,  where  the  federal  hand  is  not  possessed  of  absorbing  power, 
may  admit  the  existence  of  freedom,  whilst  it  preserves  union, 
strength,  and  safety.  Such  amendments,  therefore,  as  may  se 
cure  against  the  annihilation  of  the  state  governments,  we  de 
voutly  wish  to  see  adopted.  If  a  persevering  application  to  con 
gress  from  the  states  that  have  desired  such  amendments,  should 
fail  of  its  objects,  we  are  disposed  to  think,  reasoning  from  causes 
to  effects,  that  unless  a  dangerous  apathy  should  invade  the  pub 
lic  mind,  it  will  not  be  many  years  before  the  constitutional  num 
ber  of  legislatures  will  be  found  to  demand  a  convention  for  the 
purpose."* 

Ten  of  the  articles  proposed  by  congress  were  ratified  by  the 
constitutional  majority  of  the  states.  Those  relating  to  the  num 
ber  of  the  house  of  representatives,  and  to  compensation  for 

"Life  of  Richard  H.  Lee,  vol.  2,  p.  100.  . 


OF  THE  UNITED  STATES.  335 

the  services  of  the  members  of  the  national  legislature  were  re 
jected. 

A  national  judiciary  was,  also,  established  during  this  session, 
consisting  of  a  supreme  court,  circuit,  and  district  courts.  The 
bill  for  carrying  this  part  of  the  constitution  into  effect,  originated 
in  the  senate,  and  was  drawn  up  by  a  committee,  of  which  Mr. 
Ellsworth  was  chairman.  The  district  courts  were  to  consist  of  one 
judge  in  each  state.  The  states  were  divided  into  circuits,  in  each 
of  which,  one  of  the  judges  of  the  supreme  court,  and  the  district 
judge  of  the  state,  in  which  the  court  was  held,  constituted  the 
circuit  courts.  In  certain  cases,  this  court  had  original  jurisdic 
tion,  and  also  took  cognizance  of  appeals  from  the  district  courts. 
The  supreme  court  was  composed  of  a  chief  justice  and  five  asso 
ciate  judges,  and  was  to  hold  two  sessions  annually,  at  the  seat 
of  government.  This  court  had  exclusive  jurisdiction  in  certain 
cases,  and  appellate  jurisdiction  from  the  circuit  courts,  and  also, 
from  the  state  courts,  in  cases,  where  the  validity  of  treaties  and 
the  laws  of  the  United  States  were  drawn  in  question.  This  or 
ganization  of  the  federal  judiciary  has  remained  nearly  the  same, 
to  the  present  time,  except  for  a  short  period,  when  a  different 
system  relative  to  the  circuit  courts  was  established, but  which  was 
soon  abolished,  and  the  old  system  restored. 

Much  debate  was  had  this  session,  on  the  subject  of  designating 
a  place  for  the  permanent  seat  of  the  national  government ;  and 
congress  were  about  equally  divided,  between  a  situation  on  the 
banks  of  the  Susquehannah  and  Potomac  ;  but  rose  without  a  de 
cision. 

The  fixing  the  salaries  of  the  president  and  vice-president, 
members  of  congress,  and  the  great  officers  of  the  government 
created  some  difficulty.  The  compensation  to  the  president  was 
settled  at  twenty-five  thousand  dollars  a  year,  and  to  vice-president 
five  thousand.  The  representatives  had  six  dollars  per  day,  and 
six  dollars  for  every  twenty  miles  travel,  and  the  senate  seven 
dollars  per  day  and  the  same  for  travel.  To  each  of  the  heads  of 
departments  was  allowed  a  salary  of  three  thousand  five  hundred 
dollars,  to  the  chief  justice  of  the  supreme  court  four  thousand 
dollars,  and  the  associate  judges  three  thousand  five  hundred. 


336  POLITICAL  AND  CIVIL  HISTORY 

The  states  of  North  Carolina  and  Rhode  Island  having  refused 
to  adopt  the  constitution,  were  not  a  part  of  the  union,  and  of 
course,  not  subject  to  its  laws.  In  their  intercourse  with  the  Uni 
ted  States,  therefore,  they  were  considered  in  some  respects  as 
foreign  states.  By  the  law  for  the  collection  of  duties,  all  goods 
imported  from  these  states,  except  those  of  their  own  growth  or 
manufacture,  were  subject  to  foreign  duties.  Towards  the  close 
of  the  session,  however,  on  the  application  of  individuals  belong 
ing  to  these  states,  their  vessels  were  placed  on  the  same  foot 
ing  with  those  of  the  United  States,  until  the  15th  of  January, 
1790. 

The  various  offices  created  during  this  session,  were  filled  by 
the  executive,  and  men  of  the  first  talents  and  respectability,  in 
different  parts  of  the  union,  were  called  to  take  a  share  in  the  ad 
ministration  of  the  new  government ;  and  in  these  appointments, 
president  Washington  did  not  forget  those,  who  had  participated 
with  him,  in  the  toils  and  dangers  of  achieving  the  independence 
of  their  country. 

Mr.  Jefferson  was  placed  at  the  head  of  the  department  of  for 
eign  affairs,  Mr.  Hamilton  at  the  head  of  the  treasury,  and  Mr. 
Knox  was  made  secretary  of  the  war  department.  John  Jay  was 
appointed  chief  justice,  John  Rutledge,  James  Wilson,  William 
Gushing,  Robert  H.  Harrison,  and  John  Blair,  associate  judges  of 
the  supreme  court,  and  Edmund  Randolph,  attorney  general. 
Nicholas Eveleigh  was  appointed  comptroller;  Oliver  Wolcott,  au 
ditor  ;  and  Joseph  Nourse,  register.  Congress  did  not  lose  sight 
of  the  principal  object  in  view,  in  forming  the  new  government, 
the  support  of  public  credit.  Just  before  they  rose.,  a  resolution 
passed  the  house  of  representatives,  directing  the  secretary  of  the 
treasury  to  prepare  a  plan  for  this  purpose,  and  report  the  same 
to  the  next  session. 

Nor  were  they  unmindful,  that  the  people  of  the  United  States 
owed  the  blessings  they  now  enjoyed  to  that  Supreme  Being, 
who  guides  and  directs  the  affairs  of  men  and  nations  ;  and  that 
it  was  their  duty  publicly  to  acknowledge  from  whence  those 
blessings  flowed.  The  president,  therefore,  by  a  resolution  of 


OF  THE  UNITED  STATES.  337 

both  houses,  was  requested  to  recommend  to  the  people  of  the 
United  States,  a  day  of  public  thanksgiving  and  prayer,  to  be  ob 
served,  "  by  acknowledging  with  grateful  hearts,  the  many  and 
signal  favors  of  Almighty  God,  especially  by  affording  them,  an 
opportunity  peaceably  to  establish  a  constitution  of  government, 
for  their  safety  and  happiness."  Having  fixed  the  first  Monday 
of  January,  1790,  for  their  next  meeting,  congress  adjourned  the 
29th  of  September.  Before  the  time  of  their  next  meeting,  the 
state  of  North  Carolina  ratified  the  constitution. 

The  proceedings  of  the  first  congress  were  generally  approved, 
and  the  benefits  of  the  new  system  began  to  be  felt  and  realized. 

At  the  opening  of  the  next  session,  the  president  congratulated 
congress,  on  the  favorable  prospect  of  public  affairs  ;  and  among 
other  things,  recommended  to  their  attention,  the  important  sub 
ject  of  providing  for  the  common  defense,  by  the  establishment 
of  a  good  militia  system,  and  the  promotion  of  such  manufac 
tures  as  would  render  America  independent  on  others  for  essentials, 
particularly  military  supplies.  He,  also,  recommended  the  adop 
tion  of  all  proper  means,  for  the  advancement  of  agriculture, 
commerce,  and  manufactures,  and  the  promotion  of  science 
and  literature,  and  above  all,  that  provision  be  made  for  the  sup 
port  of  public  credit. 

The  last  subject  referred  to  by  the  president,  received  early 
attention.  The  report  of  the  secretary  of  the  treasury  re 
specting  public  credit,  was  submitted  to  the  house,  on  the  15th 
of  January.  The  public  debt  of  the  United  States,  was  estima 
ted  by  the  secretary,  at  more  than  fifty-four  millions  of  dollars. 
Of  this  sum  the  foreign  debt,  principally  due  to  France  and  the 
Hollanders,  constituted  eleven  millions  and  three  quarters,  includ 
ing  more  than  a  million  and  a  half  of  interest ;  and  the  domestic 
liquidated  debt,  including  about  thirteen  millions  of  arrears 
of  interest,  more  than  forty  millions ;  and  the  unliquidated 
debt,  two  millions.  The  secretary  recommended  the  assump 
tion  of  the  debts  of  the  several  states,  to  be  paid  equally 
with  those  of  the  union,  as  "  a  measure  of  sound  policy 
and  substantial  justice."  These  were  estimated  at  twenty-five 

VOL.  II.  43 


338  POLITICAL  AND  CIVIL  HISTORY 

millions  of  dollars.  Doubts  were  expressed  by  the  secretary, 
whether,  in  addition  to  all  other  expenses,  it  was  in  the  power  of 
the  United  States,  to  make  a  secure  and  effectual  provision  for  the 
p?.i  ment  of  the  interest  of  so  large  a  sum,  on  the  terms  of  the 
original  contracts.  He,  therefore,  submitted  to  the  house,  several 
plans  for  the  modification,  security,  and  payment  of  the  domestic 
debt. 

One  proposition  was,  to  lower  the  rate  of  interest  on  the  whole 
debt,  another,  to  postpone  the  payment  of  the  interest,  on  a  por 
tion  of  the  principal  to  a  distant  day.  No  new  modification,  how 
ever,  was  to  be  made,  without  the  assent  of  the  creditors.  This 
important  subject  was  under  the  consideration  of  congress,  until 
the  4th  of  August,  1790,  when  a  law,  making  provision  for  the 
debt  of  the  United  States,  was  passed. 

By  this  act,  a  new  loan  of  the  whole  of  the  domestic  debt,  was 
proposed  on  the  following  terms — two  thirds  of  the  principal,  to 
draw  an  interest  of  six  per  cent.,  after  the  first  of  January,  1791, 
and  the  other  third,  to  draw  the  same  interest,  after  the  year  1 800 ; 
the  arrears  of  interest  to  draw  three  per  cent.,  after  January,  1791. 
The  debt  drawing  six  per  cent.,  to  be  redeemable  by  payments, 
not  exceeding  in  one  year,  eight  per  cent.,  on  account  both  of 
principal  and  interest ;  and  the  three  per  cents,  were  made  re 
deemable,  at  the  pleasure  of  the  government. 

By  the  same  act,  congress  assumed  twenty  one  millions  and  a 
half  of  the  state  debts ;  and  this  sum  was  apportioned  among  the 
states,  having  regard  to  the  amount  of  the  debts  of  each.*  The 
sum  thus  assumed,  was  also  to  be  loaned  to  the  United  States,  by 
individuals  holding  certain  evidences  of  state  debts,  but  on  terms 

*  The  following  is  the  apportionment  among  the  states : — 

New  Hampshire,  $300,000  Delaware,  $200,000 

Massachusetts,  4,000,000  Maryland,  800,000 

Rhode  Island,  200,000  Virginia,  3,000,000 

Connecticut,  1,600,000  North  Carolina,  2,400,000 

New  York,  1,200,000  South  Carolina,  4,000,000 

New  Jersey,  800,000  Georgia,  300,000 

Pennylvania,  2,200,000 


OF  THE  UNITED  STATES.  339 

somewhat  different  from  those  of  the  domestic  debt.  Four 
ninths  was  to  bear  an  interest  of  six  per  cent,  commencing  on 
the  first  of  January,  1 792,  two  ninths  to  draw  the  same  interest 
after  the  year  1 800,  and  the  other  three  ninths  an  interest  of  three 
per  cent,  from  January,  1792. 

The  national  legislature  were  much  divided  as  to  the  mode 
and  manner  of  providing  for  the  security  and  payment  of  so  large 
a  debt,  deemed  of  little  value,  under  the  old  federal  government ; 
and  particularly  on  the  question  of  assuming  the  payment  of  the 
state  debts.  The  public  creditors,  as  well  as  the  community  at 
large,  had  waited  with  no  small  degree  of  solicitude,  for  the  first 
financial  report  from  the  head  of  the  treasury  department,  and  this 
solicitude  was  not  diminished  by  the  proceedings  of  congress  on 
the  subject.  Unfortunately,  the  public  debt  again  became  an 
object  of  extensive  speculation. 

That  some  provision  would  be  made  for  the  payment  of  this 
debt,  under  the  new  government,  was  the  general  expectation ; 
and  the  propriety  of  making  a  discrimination  between  the  original 
holders  and  the  purchasers,  had  been  suggested  in  private  circles, 
as  well  as  in  the  public  newspapers.  The  idea  of  making  such  a 
discrimination,  was  opposed  by  the  secratary,  as  unjust,  impolitic 
and  fuinous  to  public  credit. 

In  an  early  stage  of  the  proceedings  on  his  report,  this  question 
was  submitted  to  the  house  of  representatives.  Mr.  Madison 
proposed  that  the  purchasers  should  receive  the  highest  average 
price  at  which  the  debt  had  been  sold,  and  the  original  holders 
the  residue,  both  to  have  interest  at  six  per  cent.  The  govern 
ment  was  to  have  no  advantage  from  this  arrangement. 

In  favor  of  the  proposition,  it  was,  among  other  things,  urg- 
ec-,  *hat  the  ca«e  was  in  many  respects  so  extraordinary,  the 
u?L,;i  maxims  were  not  strictly  applicable.  The  debt  origin- 
all)  contracted,  it  was  said,  was  to  be  paid  in  gold  and  silver ; 
but  instead  of  this,  paper  had  been  substituted,  and  which  the 
creditors  were  compelled  to  take.  That  they  had  no  alterna 
tive.  This  paper  they  had  parted  with,  either  from  necessity 
or  a  well  grounded  distrust  of  the  public.  In  either  case,  they 


340  POLITICAL  AND  CIVIL  HISTORY 

had  been  injured,  and  suffered  loss  from  the  default  ©f  the  debt 
or  ;  and  in  justice,  the  debtor  ought  not  to  take  advantage  of 
this  default.  The  original  debt  had  never  been  discharged, 
because  the  paper  had  been  forced  upon  the  creditors.  A 
composition,  therefore,  between  the  purchasers  and  the  original 
holders,  by  allowing  the  former  an  average  price  at  which  the 
debt  had  been  sold,  and  paying  the  latter  the  residue,  would  do 
equal  justice  to  both.  In  opposition  to  the  measure,  it  was  said 
in  the  first  place,  that  the  discrimination  proposed  was  a  viola 
tion  of  the  original  contract,  on  the  part  of  the  public.  That  by 
the  terms  of  the  certificates  given  to  the  original  creditors,  the 
debt  was  made  payable  to  assignees  or  to  bearer ;  and  of  course 
the  contract  was  made  with  the  purchaser  as  well  as  with  the 
original  holder.  That  it  was  impossible  for  government  to  ex 
amine  into  the  private  transactions  between  the  original  creditor 
and  his  assignee.  The  debt  had  been  purchased  at  the  market 
price,  and  the  creditor  had  parted  with  his  security  for  what  he 
deemed  an  equivalent ;  and  however  unfortunate  might  be  the 
situation  of  some,  who  from  necessity  had  been  obliged  to  part 
with  their  securities,  redress  could  not  be  afforded  them  in  the 
manner  contemplated.  In  most  instances,  the  purchaser  had 
placed  greater  confidence  in  the  government,  than  the  original 
holder,  and  had  run  the  risk  of  eventual  payment,  and  which, 
but  for  a  change  in  the  federal  government,  would  perhaps  never 
have  been  made. 

The  impolicy  of  the  measure  was  also  strongly  urged,  as  tending 
greatly  to  impair,  if  not  totally  destroy,  public  credit  hereafter. 

The  interest  of  individuals,  as  well  as  the  community,  required 
that  a  public  debt  should  be  transferable  ;  and  its  value  in  market 
would  depend  on  a  variety  of  circumstances.  If  government 
should  thus  interfere,  in  case  of  transfers,  all  confidence  in  public 
engagements  would  be  destroyed.  It  was  likewise  said,  that 
great  injustice  would  be  done  in  carrying  the  plan  into  effect  in 
the  manner  proposed.  That  many  of  the  original  certificates 
were  issued  to  persons  who  in  fact  had  no  interest  in  them,  being 
for  the  benefit  of  others,  to  whom,  for  various  considerations, 


OF  THE  UNITED  STATES.  34 1 

they  were  to  transfer  the  same.  That  the  intermediate  purchas 
ers  had,  in  many  instances,  suffered  as  much  or  more  than  the 
original  holders,  and  that  no  provision  was  proposed  for  them. 
The  proposition  was  negatived  by  a  large  majority.  The  irre- 
deemability  of  the  debt,  except  to  the  amount  of  eight  per  cent, 
on  account  both  principal  and  interest,  occasioned  also  much 
opposition  and  debate. 

The  assumption  of  the  state  debts,  however,  was  a  subject 
which  gave  rise  to  more  serious  debate,  and  created  divisions 
both  in  and  out  of  congress,  the  effects  of  which  were  long  felt  in 
the  administration  of  the  general  government. 

The  debts  of  the  several  states  were  very  unequal.  Those  of 
Massachusetts  and  South  Carolina  amounted  to  more  than  ten 
millions  and  a  half,  while  the  debts  of  all  the  other  states,  were 
only  estimated  at  between  fourteen  and  fifteen  millions.  The  first 
proposition  on  this  subject  in  the  house  of  representatives,  was  to 
assume  the  whole  of  these  debts.  This  was  at  first  adopted,  in 
committee  of  the  whole,  by  a  small  majority.  Afterwards,  when 
the  members  from  North  Carolina  took  their  seats,  the  subject 
was  recommitted,  and  negatived  by  a  majority  of  two — thirty  one 
to  twenty  nine.  Propositions  were  afterwards  made,  to  assume 
specific  sums  from  each,  but  were  negatived.  These  various 
propositions  occasioned  long  and  violent  debates  among  the 
members  from  different  states,  and  lead  to  an  inquiry  into  the  ori* 
gin  of  the  state  debts  and  to  a  comparative  view  of  the  different 
exertions  aud  expenses  of  the  states  themselves,  in  their  struggle 
for  independence.  The  assumption  of  specific  sums  from  each, 
was  finally  carried  in  the  senate,  by  a  majority  of  two,  and  was 
concurred  in  by  the  house  by  a  majority  of  six. 

Those  in  favor  of  the  assumption  contended  that  it  was  a  meas 
ure  of  justice  as  well  as  policy.  That  it  was  just  in  respect  to  th-j 
creditors  themselves,  as  well  as  to  the  states.  These  debts,  it  was 
said,  were  incurred  for  services  rendered,  supplies  furnished,  or 
loans  made,  not  for  the  particular  benefit  of  the  individual  states, 
but  for  the  benefit  of  the  union,  for  the  common  cause  in  which 
all  were  embarked.  Justice,  therefore,  required  i  hat  the  persons 
to  whom  they  were  due,  should  be  placed  on  the  same  footing 


342  POLITICAL  AND  CIVIL  HISTORY 

with  those  who  had  a  direct  claim  on  the  United  States ;  and 
that  both  be  paid  out  of  a  common  fund.  That  although  some 
states  might  be  able  to  provide  ample  funds  for  the  payment  of 
their  debts ;  yet  others,  destitute  of  like  resources,  burthened 
with  a  larger  debt,  occasioned,  perhaps,  by  greater  exertions  in 
the  common  cause,  might  be  unable  to  make  adequate  provision. 
One  class  of  creditors,  therefore,  who  happened  to  live  in  a  large 
state,  abounding  in  wealth  and  resources,  and,  perhaps,  wnh  a 
comparatively  small  debt,  might  be  paid  in  full ;  while  another, 
equally  meritorious,  living  in  a  small  state,  having  a  large  debt, 
and  destitute  of  resources,  might  receive  little  or  nothing.  It 
would  be  just,  in  respect  to  the  states,  as  in  this  way  each  would 
bear  its  proportion  of  the  expenses  incurred  for  one  common  ob 
ject.  It  was  to  be  considered  also,  it  was  said,  that  no  inconsid 
erable  proportion  of  the  state  debts,  were  incurred  at  a  time  when 
the  United  States  had  little  or  no  credit.  It  was  also  shortly 
contended,  that  as  the  constitution  had  transferred  to  congress 
the  principal  funds  on  which  the  states  had  relied  for  the  pay 
ment  of  their  debts,  it  was  just  that  the  debts  should  follow  the 
funds. 

The  policy  of  the  measure,  its  advocates  said,  was  not  less  ap 
parent  than  its  justice. 

A  provision  for  these  debts  by  the  states  themselves,  would  ne 
cessarily  create  an  interference  between  the  general  and  state 
governments  in  their  revenue  systems,  highly  injurious,  if  not  ruin 
ous  to  both.  The  United  States  having  the  exclusive  power  to 
lay  imposts,  most  of  the  states  must  have  recourse  to  excises  and 
direct  taxes.  These,  it  was  said,  must  be  very  unequal  in  differ 
ent  states,  in  consequence  of  the  inequality,  of  their  debts.  Great 
burdens,  therefore,  would  be  thrown  on  those  states  whose  exer 
tions  had  been  greatest  in  the  common  cause  ;  and  jealousies  and 
dissatisfaction  must  be  the  necessary  consequence.  In  those 
states  where  recourse  was  had  to  direct  taxes,  a  greater  burden 
would  be  thrown  on  the  landed  interest,  and  this  would  produce 
emigration  to  other  states  less  opppressed  with  taxes  of  this  de 
scription.  Where  resort  was  had  to  excises,  which  would  be  laid 


OF  THE  UNITED  STATES.  343, 

on  foreign  as  well  as  domestic  articles,  greater  inducements  would 
be  held  out  to  smuggling,  materially  affecting  the  revenue  of  the 
United  States.  In  addition  to  this,  commercial  advantages 
might  be  greater  in  some  states  than  in  others,  and  a  transfer 
of  capital  from  one  state  to  another  be  thereby  encouraged. 
The  collection  of  the  same  amount  of  taxes,  it  was  said,  might 
be  made  with  less  expense,  under  the  direction  of  one  govern 
ment,  than  under  several ;  and  by  having  the  general  manage 
ment  of  the  revenues  of  the  country  in  their  hands,  the  national 
legislature  would  be  enabled  more  fully  to  promote  domestic  in 
dustry  and  improvement  throughout  every  part  of  the  union. 

In  the  course  of  the  debates  on  this  interesting  question,  it  was 
stated  by  the  advocates  of  the  assumption,  that  a  difference  in 
the  amount  of  state  debts  did  not  arise  solely  from  a  difference 
in  exertions  during  the  war, — but  that  the  debts  of  some  states 
were  lessened  by  the  avails  of  confiscated  property  and  from  ter 
ritorial  asquisitions.  And  it  was  asked,  whether  those,  by  whose 
offenses  a  confiscation  of  property  had  been  incurred,  had  not 
offended  against  United  America,  and  riot  merely  against  that 
state,  where  the  offense  was  committed,  and  which  alone  leceived 
the  benefit  of  the  confiscation  ?  And  whether  the  acquisition  of 
territory,  was  not  owing  to  the  exertions  of  the  national  force, 
under  national  direction  ? 

The  opponents  of  the  measure  were  not  less  decided  in  opinion 
that  it  was  both  unjust  and  impolitic,  whether  it  went  to  a  gene 
ral  or  a  partial  assumption. 

They  denied  that  the  state  debts  could  be  considered,  in  any 
way,  the  debts  of  the  union,  or  that  the  United  States  were  under 
obligations  to  discharge  any  part  of  them,  except  the  balance, 
which,  on  a  final  settlement,  should  be  found  due  to  particular 
states.  If  they  were  the  debts  of  the  United  States,  in  the  hands 
of  individuals,  it  was  asked,  whether  they  were  not  equally  so 
when  in  the  state  treasuries  ?  Whether  the  United  States  were 
not  equally  bound  to  provide  for  them  in  both  situations  ?  Be 
fore  the  adoption  of  the  constitution,  it  was  said,  they  had  never 
been  so  considered.  They  contended,  also,  that  not  being  the 


344  POLITICAL  AND  CIVIL  HISTORY 

debts  of  the  union,  congress  were  not  warranted  by  the  constitu 
tion,  in  assuming  the  payment  of  them. 

As  to  the  policy  of  the  measure,  its  opponents  said,  among 
other  things,  if  a  public  debt  was  a  public  evil,  the  assumption 
would  increase  and  perpetuate  the  evil.  That  the  United 
States,  and  the  individual  states  together,  could  discharge  a 
debt  of  eighty  millions  much  sooner  than  the  United  States 
alone.  That  after  the  general  government  had  resorted  to 
all  the  means  of  revenue  in  its  power,  the  individual  states 
would  have  other  financial  resources  still  remaining.  It  was, 
also,  particularly  urged,  that  each  state  could  raise  money, 
in  a  way  most  convenient  for  itself,  and  to  which  they  had  been 
accustomed.  Some  of  the  states,  they  said,  were  hostile  to  ex 
cises,  others  to  direct  taxes  ;  and  that  no  general  system  of  inter 
nal  taxation  could  be  established,  adapted  to  the  circumstances 
of  each  state,  or  which  would  give  general  satisfaction. 

Some  of  the  states  had,  by  their  exertions,  paid  a  greater  pro 
portion  of  their  debts,  than  others,  and  it  would  be  unjust,  they 
alleged,  to  compel  them  to  contribute  to  the  payment  of  the  debts 
of  the  delinquent  states.  In  answer  to  the  suggestion,  that  unless 
the  measure  should  be  carried,  great  dissatisfaction  would  exist 
in  some  of  the  states — it  was  said,  that  much  greater  dissatisfac 
tion  would  follow  from  its  adoption.  A  majority  of  the  people  of 
the  United  States,  it  was  believed,  was  opposed  to  it ;  and  the 
discordant  interests,  as  well  as  jealousies  among  the  states,  now 
too  much  felt,  would  be  thereby  greatly  increased. 

The  opposers  of  the  assumption,  also  stated,  that  the  adoption 
of  the  measure,  would  render  state  creditors  more  dependent  on 
the  general  government ;  that  it  would  greatly  lessen  the  influ 
ence  and  importance  of  the  states,  and  tend  to  consolidate  the 
union.  The  debts  of  Massachusetts,  South  Carolina,  and  Con 
necticut,  as  reported  by  the  secretary,  amounted  to  about  one 
half  of  those  of  all  the  others.  These  states,  therefore,  felt  a  deep 
interest  in  the  question.  The  legislature  of  South  Carolina,  in 
January,  1790,  instructed  their  representatives  in  congress,  to  so 
licit  the  national  legislature  to  assume  their  debt,  "  it  having  been, 


OF  THE  UNITED  STATES.  345 

incurred,"  as  they  said,  "  in  consequence  of  the  war  between  the 
United  States  and  Great  Britain." 

In  the  course  of  the  debate,  Mr.  Sedgwick  declared,  that  the 
insurrection,  which  had  then  just  taken  place  in  Massachusetts, 
was  occasioned  by  the  burden  of  taxes  necessarily  imposed  on  the 
people  of  that  state,  to  pay  a  debt,  incurred  merely  for  national 
purposes.  Mr.  Ames,  in  his  usual  strain  of  eloquence,  asked, 
44  but  were  the  state  debts  contracted  for  the  war  ?  It  appears, 
by  the  books  in  the  public  offices,  that  they  were.  Will  any  one 
say,  that  the  whole  expense  of  defending  our  common  liberty, 
ought  not  to  be  a  common  charge  ?  Part  of  this  charge  was  con 
tracted  by  Massachusetts,  before  congress  assumed  the  exercise 
of  its  powers.  The  first  ammunition  that  repulsed  the  enemy  at 
Lexington,  and  made  such  havoc  at  Bunker  Hill,  was  purchased 
by  the  state,  and  appears  in  the  form  of  the  state  debt."  The 
states  of  Virginia,  North  Carolina,  and  Georgia,  were  most  stren 
uous  in  their  opposition. 

This  interesting  question  was  finally  decided  in  the  senate,  14 
to  12.  In  this  body,  the  states  of  Massachusetts,  Connecticut, 
New  York,  New  Jersey,  and  South  Carolina,  were  unanimously 
in  the  affirmative — Rhode  Island,  Virginia,  North  Carolina,  and 
Georgia,  with  equal  unanimity  in  the  negative — and  Pennsyl 
vania,  Delaware,  and  Maryland,  divided. 

Previous  to  its  final  decision,  a  bill  had  passed,  fixing  the  tem 
porary  seat  of  government  at  Philadelphia,  until  1800,  and  after 
that  time,  permanently  on  the  river  Potomac. 

This  subject  had  long  been  agitated  in  the  old  congress,  and 
until  this  session,  had  not  been  settled.  It  has  been  supposed, 
and  probably  with  truth,  that  this  decision  had  some  influence  on 
the  settlement  of  the  question,  concerning  the  assumption  of  the 
state  debts.  No  question  had  created  so  great  a  division  in  con 
gress,  as  well  as  among  the  people  of  the  United  States,  under 
the  new  system  of  government.  The  house  of  delegates  in  Vir 
ginia,  in  November,  1790,  declared,  that  so  much  of  the  act  pas 
sed  by  congress,  making  provision  for  the  debt  of  the  United 

States,  as  assumed  the  payment  of  the  state  debts,  was  repug- 
VOL.  II.  44 


346  POLITICAL  AND  CIVIL  HISTORY 

nant  to  the  constitution  of  the  United  States,  as  it  went  to 
the  exercise  of  a  power  not  expressly  granted  to  the  gen 
eral  government.  They,  also,  declared,  that  so  much  of  the 
act,  as  limited  the  power  of  the  United  States,  in  redeeming 
the  public  debt,  was  dangerous  to  the  rights  and  subversive 
of  the  interest  of  the  people,  and  demanded  the  marked  dis 
approbation  of  the  general  assembly.  They,  at  the  same  time 
resolved,  that  so  far  as  the  act  pledged  the  faith  of  the  United 
States,  and  appropriated  funds  for  the  payment  of  certain 
debts,  due  by  the  several  states,  would,  in  its  operation,  be  highly 
injurious  to  those  states,  which  had  redeemed  a  considerable  por 
tion  of  their  debt,  incurred  during  the  late  war,  and  particularly 
produce  great  injury  to  the  state  of  Virginia.  This,  it  is  believ 
ed,  was  the  first  act  of  a  state  legislature,  importing  censure  on 
the  proceedings  of  the  general  government.  The  amount  of  the 
debt  of  each  state  assumed,  and  subscribed  to  the  loan,  was  to  be 
a  charge  against  such  state,  in  account  with  the  United  States. 
To  complete  a  settlement  of  the  accounts  between  the  states 
and  the  United  States,  a  board,  consisting  of  three  commission 
ers,  was  established  during  this  session  ;  the  determination  of  a 
majority  of  them  to  be  final  and  conclusive.  In  this  settlement 
the  commissioners  were  empowered  to  decide,  according  to  the 
principles  of  general  equity.  The  rules  prescribed  for  their  pro 
ceeding  were,  to  debit  each  state  with  all  advances,  which  had 
been  or  might  be  made  to  it,  by  the  United  States,  with  the  in 
terest  thereon,  to  the  last  day  of  the  year  1789  ;  and  to  credit 
each  state,  for  its  disbursements  and  advances,  with  interest  to 
the  same  period  ;  and  having  struck  the  balance  due  to  each 
state,  were  to  find  the  aggregate  of  all  the  balances,  and  this  ag 
gregate  was  to  be  apportioned  between  the  states,  by  the  same 
rule,  as  prescribed  in  the  constitution,  for  the  apportionment  of 
representation  and  direct  taxes,  and  according  to  the  first  enu 
meration  which  should  be  made.  The  balances  found  due  to 
the  states,  were  to  be  funded  on  the  same  terms  as  the  other  part 
of  the  domestic  debt,  but  not  to  be  transferable.* 

*  The  commissioners  completed  a  settlement  in  17933  and  for  the  result,  See 
Note  20. 


OF  THE  UNITED  STATES.  347 

A  cession  of  western  lands  by  North  Carolina,  was  received  dur 
ing  this  session,  and  approved  by  congress  ;  and  the  territory  south 
of  the  river  Ohio,  was  formed  into  a  territorial  government,  with  the 
same  powers  and  privileges,  as  had  been  granted  to  the  territory 
north  of  that  river.  Congress,  also,  proceeded  to  exercise  some 
of  the  other  powers  vested  in  them  by  the  constitution.  Among 
other  things,  they  directed  an  enumeration  of  the  inhabitants  to 
be  made,  on  the  first  Monday  of  August,  1 790  ;  and  established 
an  uniform  rule  of  naturalization.  Aliens,  being  free  white  per 
sons,  who  should  have  resided  two  years,  in  the  United  States, 
might  be  admitted  citizens  thereof,  under  certain  regulations  and 
restrictions.  A  fund  for  sinking  the  national  debt  was  establish 
ed.  For  this  purpose,  the  surplus  produce  of  the  duties  on  im 
ports,  after  satisfying  all  other  demands,  was  appropriated  to  be 
applied  to  the  purchase  of  the  debt,  under  the  direction  of  the 
president  of  the  senate,  the  chief  justice,  the  secretary  of  state 
and  treasury,  and  attorney  general,  for  the  time  being  ;  purcha 
ses  to  be  made  by  any  three  of  them,  with  the  approbation  of  the 
president.  Acts  also  were  passed,  authorizing  the  president  to 
borrow  money  in  Europe,  at  a  rate  of  interest  less  than  six  per 
cent.,  to  be  applied  also  to  the  purchase  of  the  debt. 

In  May,  1790,  the  state  of  Rhode  Island  adopted  the  constitu 
tion,  and  thus  completed  the  union  of  all  the  states,  under  the 
new  government. 

This  interesting  session,  did  not  close  until  August  12th,  1790, 
One  of  the  first  acts  of  the  next  session,  which  commenced  on 
the  first  Monday  of  December  following,  was  the  admission  of  two 
new  states  into  the  union.  Vermont,  having  amicably  settled  its 
disputes  with  New  York,  was  admitted  on  the  4th  of  March, 
1791  ;  and  Kentucky,  with  the  consent  of  Virginia,  on  the  first 
day  of  June,  1792  ;  each  to  have  two  representatives,  until  an  ap 
portionment  of  representation  should  be  made  agreeably  to  the 
constitution. 

The  most  important  measures  of  this  session,  were  the  estab 
lishment  of  a  national  bank,  and  the  imposition  of  a  tax,  on  spirits 


348  POLITICAL  AND  CIVIL  HISTORY 

distilled  within  the  United  States,  from  foreign  and  domestic  ma 
terials. 

To  aid  in  the  management  of  the  national  finances,  the  secre 
tary  of  the  treasury  had  previously  recommended  the  establish 
ment  of  a  bank;  and  in  February,  1791,  an  act  passed  for 
that  purpose.  The  preamble  disclosed  the  principal  reasons 
for  its  adoption,  declaring,  "  that  it  would  be  conducive  to 
the  successful  conducting  of  the  national  finances,  give  facility  to 
the  obtaining  of  loans  for  the  use  of  the  government,  in  sudden 
emergencies,"  and  would  also,  "  be  productive  of  considerable 
advantage  to  trade  and  industry  in  general." 

The  capital  stock  of  the  bank  was  ten  millions  of  dollars  ;  two 
millions  to  be  subscribed  for  the  benefit  of  the  United  States,  and 
the  residue  by  individuals.  One  fourth  of  the  sums  subscribed 
by  individuals,  was  to  be  paid  in  gold  and  silver,  and  three  fourths 
in  the  public  debt.  By  the  act  of  incorporation,  it  was  to  be  a 
bank  of  discount  as  well  as  deposit,  and  its  bills  which  were  pay 
able  in  gold  and  silver  on  demand,  were  made  receivable  in  all 
payments  to  the  United  States.  The  bank  was  located  at  Phila 
delphia,  with  power  in  the  directors,  to  establish  offices  of  dis 
count  and  deposit  only,  wherever  they  should  think  fit,  within  the 
United  States. 

The  duration  of  the  charter  was  limited  to  the  4th  of  March, 
1811  ;  and  the  faith  of  the  United  States  was  pledged,  that  dur 
ing  that  period,  no  other  bank  should  be  established  under  their 
authority.  One  of  the  fundamental  articles  of  the  incorporation, 
was,  that  no  loan  should  be  made  to  the  United  States,  for  more 
than  one  hundred  thousand  dollars,  or  to  any  particular  state  for 
more  than  fifty  thousand,  or  to  any  foreign  prince  or  state,  unless 
previously  authorized  by  a  law  of  the  United  States.  The  books 
were  opened  for  subscriptions,  in  July,  1791,  and  a  much  larger 
sum  subscribed,  than  was  allowed  by  the  charter  ;  and  the  bank 
went  into  successful  operation.  This  measure  was  not  adopted 
without  warm  and  violent  debates. 

It  was  said  in  opposition,  in  the  first  place,  that  congress  had 
no  power  under  the  constitution,  to  create  this  or  any  other  cor- 


OP  THE  UNITED  STATES.  343 

poration  ;  in  the  second  place,  that  so  large  a  monied  institution, 
wou.d,  in  its  effects,  be  highly  injurious  to  the  community. 

Its  advocates,  on  the  other  hand,  contended  generally,  that  the 
establishment  of  an  institution  of  this  kind,  though  not  within 
the  express  words  of  the  constitution,  was  among  the  incidental 
powers  contemplated  by  that  part  of  the  instrument,  which  ena 
bled  congress  to  make  all  laws  necessary  and  proper,  for  carry 
ing  into  execution,  the  powers  expressly  granted. 

An  institution  of  this  kind,  they  said,  was  necessary  and  pro 
per,  for  the  attainment  of  the  important  ends  contemplated  in  the 
constitution  ;  and  that  similar  establishments,  in  all  well  regula 
ted  communities,  had  been  found  necessary,  in  the  management 
of  their  finances,  and  for  the  attainment  of  the  great  ends  of  civil 
government.  In  answer,  its  opponents  said,  that  the  constitution 
was  not  only  silent  on  the  subject,  but  that  no  such  power  was  in 
tended  to  be  granted  by  the  framers  of  that  instrument.  That 
in  the  general  convention,  a  proposition  to  give  congress  power  to 
create  corporations,  was  made  and  negatived.  It  was  a  power, 
they  said,  too  important  to  be  assumed,  by  implication  ;  nor 
could  they  agree  to  so  broad  a  construction  as  was  given  by  the 
advocates  of  the  measure,  to  the  words  "  necessary  and  proper," 
as  used  in  the  constitution.  No  means,  they  considered,  to  be 
necessary  for  the  purpose  of  carrying  into  execution  the  specified 
powers,  except  those  without  which,  the  powers  granted,  would 
be  nugatory,  or  the  ends  contemplated  absolutely  unattainable. 

The  president,  before  approving  the  bill,  requested  the  opinions 
of  the  members  of  his  cabinet,  in  writing,  as  to  its  constitutionali 
ty.  The  secretary  of  state  and  attorney  general,  were  of  opinion, 
that  the  bill  was  unconstitutional,  while  the  secretaries  of  the 
treasury  and  war,  were  of  a  different  opinion,  and  concurred 
with  the  majority  in  congress. 

After  the  most  mature  deliberation,  the  president  put  his  signa 
ture  to  the  bill ;  and  experience  has  proved  the  expediency  if  not 
the  absolute  necessity  of  an  institution  of  this  kind,  to  enable  the 
government  to  manage  its  great  concerns  ;  and  has  likewise  evin 
ced  the  profound,  and  almost  unerring  judgment  of  that  great 


350  POLITICAL  AND  CIVIL  HISTORY 

man,  who,  as  chief  magistrate,  gave  it  his  sanction.  Though  thig 
question,  for  many  years  afterwards,  agitated  the  public  mind, 
and  divided  the  national  councils  ;  yet  the  late  establishment  of 
a  national  bank,  with  a  capital  of  thirty-five  millions,  with  the  ap 
probation  and  consent  of  those,  heretofore  opposed  to  it  on  con 
stitutional  grounds,  must  rescue  the  names  of  the  authors  of  the 
first  bank,  from  the  reproach  then  cast  upon  them,  for  a  violation 
of  the  constitution  ;  and  has,  it  is  presumed,  put  the  question  at 
rest. 

The  act  laying  a  duty  on  spirits  distilled  within  the  United 
States,  and  which  was  the  commencement  of  a  system  of  internal 
taxation,  was  a  subject  of  much  debate,  and  called  forth  the  local 
feelings  and  prejudices  of  the  members  from  different  parts  of  the 
union.  It  was  not  only  strongly  opposed  in  the  national  legisla- 
ure,  but  opposition  was  afterwards  carried  so  far  as  to  produce  in 
the  state  of  Pennsylvania,  an  open  insurrection,  requiring  the  in- 
position  of  a  military  force  on  the  part  of  the  government. 

At  the  opening  of  the  first  session  of  the  second  congress,  in 
October.  1791,  the  president  in  his  speech,  notices  with  pleasure, 
the  prosperous  situation  of  the  country  under  the  new  system  of 
government. 

"  Your  own  observation  in  your  respective  districts,"  he  ob 
served,  "  will  have  satisfied  you  of  the  progressive  state  of  agricul 
ture,  manufactures,  commerce,  and  navigation  :  in  tracing  their 
causes,  you  will  have  remarked,  with  particular  pleasure,  the  hap 
py  effects  of  that  revival  of  confidence,  public  as  well  as  private, 
to  which  the  constitution  and  laws  of  the  United  States,  so  obvi 
ously  contributed.  And  you  will  have  observed,  with  no  less  in 
terest,  new  and  decisive  proofs  of  the  increasing  reputation  and 
credit  of  the  nation." 

Referring  to  the  depredations  of  the  Indians  on  the  frontiers, 
and  the  necessity  he  was  under  of  commencing  offensive  opera 
tions  against  them,  he  said,  "it  is  sincerely  to  be  desired, 
that  all  need  of  coercion  in  future,  may  cease,  and  that  an  inti 
mate  intercourse  may  succeed,  calculated  to  advance  the  happi 
ness  of  the  Indians,  and  to  attach  them  to  the  United  States." 


OF  THE  UNITED  STATES.  351 

With  this  view,  he  proposed  the  adoption  of  regulations  securing 
them  against  imposition,  in  the  alienation  of  their  lands,  and  ex 
tending  to  this  unenlightened  race  the  benefits  of  commerce  and 
civilization,  and  inflicting  punishment  on  those,  who  should  violate 
their  rights.  This  humane  policy,  was  afterwards  pursued  by  the 
government.  This  session  was  principally  spent  in  carrying  into 
effect  the  new  system  of  government,  extending  its  benefits  to 
every  part  of  the  union,  and  securing  to  all,  the  fruits  of  their  own 
industry.  For  these  purposes,  laws  were  passed  concerning  the 
fisheries,  and  the  government  and  regulation  of  fishermen  employ 
ed  therein — declaring  what  officer  should  act  as  president  of  the 
United  States,  in  case  of  a  vacancy — establishing  a  mint,  and  re 
gulating  the  coins  of  the  United  States — apportioning  the  repre 
sentatives  among  the  several  states,  according  to  the  first  enu 
meration — providing  more  effectually  for  the  national  defense,  by 
establishing  an  uniform  militia  system,  and  for  calling  forth  the 
militia  in  the  exigences  mentioned  in  the  constitution.  On  the  sub 
ject  of  apportioning  the  representatives,  a  difference  arose  between 
the  senate  and  house,  with  respect  to  the  ratio  to  be  adopted, 
and  the  mode  of  applying  it.  A  bill  passed  both  houses,  fixing 
the  ratio  at  one  member  for  every  thirty  thousand  ;  and  the  whole 
federal  number  in  the  United  States,  was  divided  by  this  sum7 
and  the  numbers  produced  by  this  division,  was  apportioned 
among  the  states  by  this  ratio,  giving  to  each  state  its  number, 
and  the  residue  was  apportioned  among  the  states  which  had 
large  fractions.  The  president  very  justly  considered  this  mode 
of  apportionment,  as  contrary  to  the  constitution,  and  returned 
the  bill  to  congress  with  his  objections.  The  first  was  that  the 
constitution  had  prescribed,  that  representatives  should  be  appor 
tioned  among  the  several  states,  according  to  their  respective 
numbers  ;  and  that  there  was  no  one  proportion  or  division^ 
which  applied  to  the  respective  states,  would  yield  the  number 
and  allotment  of  representatives  proposed  by  the  bill.  The  se 
cond,  that  by  the  constitution^  the  number  of  representatives 
should  not  exceed  one  for  every  thirty  thousand  ;  which  restric 
tion,  by  the  fair  and  obvious  construction,  was  to  be  applied  to 


352  POLITICAL  AMD  CIVIL  HISTORY 

the  separate  and  respective  states  ;  and  that  the  bill  had  alloted 
to  eight  states,  more  than  one  for  every  thirty  thousand.  This 
was  the  first  instance,  in  which  the  president  had  exercised  his 
qualified  veto,  to  any  act  of  congress.  The  bill  not  being  repas- 
sed  by  two  thirds  of  both  houses,  was  rejected.  A  bill  was  after 
wards  passed,  apportioning  the  representatives,  agreeably  to  a 
ratio  of  one  for  every  thirty  thousand  in  each  state,  which  re 
ceived  the  sanction  of  the  president ;  and  this  mode  of  apportion 
ment  has  since  been  pursued. 

Early  in  the  session,  the  president  communicated  to  congress, 
the  unfortunate  defeat  of  general  St.  Clair  and  his  army,  by  the 
Indians.  In  consequence  of  this,  the  frontiers  were  left  more  ex 
posed  to  Indian  depredations  ;  and  the  number  of  the  regular 
troops  was  augmented,  and  additional  duties  laid  on  various  im 
ported  articles,  to  defray  the  expense. 

The  administration  of  the  general  government  was  disturbed 
this  year,  not  only  by  the  continuance  of  Indian  hostilities,  but  by 
an  increased  opposition,  in  some  parts  of  the  union,  to  the  laws 
laying  a  duty  on  domestic  spirits.  This  opposition  had  been 
carried  so  far,  as  to  require  a  proclamation  from  the  president, 
warning  all  persons  against  unlawful  combinations  and  proceed 
ings,  tending  to  obstruct  the  operation  of  the  laws.  These  sub 
jects,  among  others,  were  noticed  by  the  president,  in  his  commu 
nication  to  congress,  at  the  commencement  of  their  session  on 
the  6th  of  November,  1792. 

It  was  apparent  that  the  two  great  parties,  originally  formed 
at  the  time  of  the  adoption  of  the  constitution,  and  which  from 
various  causes,  had  since  increased,  began  now  to  be  more  dis 
tinctly  marked.  Those  originally  opposed  to  the  new  govern 
ment,  as  was  to  be  expected,  watched  with  a  jealous  eye,  every 
exercise  of  power  under  it. 

Individuals  who  had  foretold  the  evil  consequences  of  adopting 
the  system,  without  previous  amendments,  and  who  had  been 
disappointed,  in  the  alterations  proposed  by  congress,  would 
naturally  lay  hold  of  every  act  of  the  government,  tending  to  shew 
the  truth  of  their  predictions  :  and  pride  of  opinion  would  be  in- 


OF  THE  UNITED  STATES.  353 

terested,  not  only  in  proclaiming,  but  magnifying  real  or  suppos 
ed  evils. 

Nor  was  the  opposition  limited  to  the  unconstitutionality  of  the 
acts  of  the  general  government, — it  extended  to  many  of  the 
great  and  important  measures  of  its  administration. 

The  funding  system  generally,  the  assumption  of  the  state 
debts,  the  bank,  and  duties  on  domestic  spirits,  were  objects  of 
the  most  severe  attack ;  and  the  secretary  of  the  treasury,  who 
was  considered  as  the  author  of  them,  had  become  very  unpopu 
lar  in  some  parts  of  the  union. 

The  difference  between  the  heads  of  the  departments  of  state 
and  treasury,  on  some  important  questions,  which  had  been  agi 
tated  in  the  cabinet,  was  well  known  and  felt  in  congress  and 
elsewhere.  The  public  conduct  and  political  characters  of  the  gen 
tlemen  at  the  head  of  these  departments,  in  the  course  of  the  year 
1792,  had  been  the  subject  of  severe  newspaper  animadversions. 
Mr.  Hamilton  was  viewed  not  only  as  the  author  of  the  funding 
system,  the  bank,  and  other  measures  deemed  either  unconstitu 
tional,  or  highly  injurious  to  the  public  interest,  but  was  charged 
with  hostility  to  republican  principles  and  state  rights.  Mr. 
Jefferson,  on  the  other  hand,  was  considered  hostile  to  the  consti 
tution,  and  was  accused  of  being  opposed  to  the  administration  of 
which  he  was  a  member,  and  of  taking  measures  to  reduce  the 
powers  of  the  general  government,  within  too  narrow  limits. 

During  this  session,  an  inquiry  was  instituted  in  the  house  of 
representatives,  into  the  official  conduct  of  the  secretary  of  the 
treasury.  This  was  commenced  by  Mr.  Giles,  by  calling  for  in 
formation  from  the  president  and  secretary,  relative  to  loans,  ne^ 
gociated  in  pursuance  of  the  acts  of  the  4th  and  12th  of  August, 
1790,  and  the  management  and  application  of  these  loans  ;  as 
well  as  the  application  and  management  of  the  revenue  generally. 
The  resolutions  introduced  for  the  purpose  of  obtaining  this  in 
formation,  were  adopted  by  the  house.  The  object  of  the  mover 
was  disclosed  in  his  remarks  in  support  of  them.  These  re 
marks  he  concluded  by  saying — "  Candor,  however,  induces  me 
to  acknowledge,  that  impressions,  resulting  from  my  inquiries 

VOL.  II.  45 


354  POLITICAL  AND  CIVIL  HISTORY 

into  this  subject,  have  been  made  upon  my  mind,  by  no  means 
favorable  to  the  arrangements  made  by  the  gentleman  at  the 
head  of  the  treasury  department." 

The  report  of  the  secretary,  in  answer  to  this  call  for  informa 
tion,  evinced  that  his  pride  was  not  a  little  wounded  by  the  re 
marks  of  Mr.  Giles.  "  The  resolutions,"  he  said,  "  to  which  I  am 
to  answer,  were  not  moved  without  a  pretty  copious  display  of 
the  reasons  on  which  they  were  founded.  These  reasons  are  of 
a  nature  to  excite  attention,  to  beget  alarm,  to  inspire  doubts. 

"  Deductions  of  a  very  extraordinary  complexion,  may,  without 
forcing  the  sense,  be  drawn  from  them.  I  feel  it  incumbent  upon 
me,  to  meet  the  suggestions  which  have  been  thrown  out,  with 
decision  and  explicitness.  And  while  I  hope  I  shall  let  fall  noth 
ing  inconsistent  with  the  cordial  and  unqualified  respect  which  I 
feel  for  the  house  of  representatives,  while  I  acquiesce  in  the  suffi 
ciency  of  the  motives  that  induced,  on  their  part,  the  giving  a 
prompt  and  free  course  to  the  investigation  proposed,  I  cannot 
but  resolve  to  treat  the  subject  with  a  freedom  which  is  due  to 
truth,  and  the  consciousness  of  a  pure  zeal  for  the  public  interest." 
.  Having  endeavored  to  shew  the  fallacy  of  the  statements  made 
by  the  mover  of  the  resolutions,  in  conclusion  he  observed,— "Thus 
have  I  not  only  furnished  a  just  and  affirmative  view  of  the  real 
situation  of  the  public  accounts,  but  have  likewise  shewn,  I  trust, 
in  a  conspicuous  manner,  fallacies  enough  in  the  statements,  from 
which  the  inference  of  an  unaccounted  for  balance  is  drawn,  to 
evince  that  it  is  one  tissue  of  error." 

Soon  after  this  report  was  made,  Mr,  Giles  submitted  to  the 
house  several  resolutions,  containing  charges  against  the  secre 
tary.  The  substance  of  them  was,  that  he  had  failed  to  give 
congress  information,  in  due  time,  of  monies  drawn  from  Europe 
— that  he  had  violated  the  law  of  the  4th  of  August,  1790,  by  an 
unauthorized  application  of  money  borrowed  under  it, — that  he 
had  drawn  part  of  the  money  into  the  United  States,  without  any 
instructions  from  the  president — that  he  had  exceeded  his  author 
ity  in  making  loans,  under  the  acts — that  without  instructions 
from  the  president,  he  had  drawn  more  of  the  money  borrowed 


OF  THE  UNITED  STATES.  355 

in  Holland,  than  he  was  authorized  by  those  acts,  and  that  he 
had  been  guilty  of  an  indecorum  to  the  house,  in  undertaking 
to  judge  its  motives  in  calling  for  information.  The  charges 
contained  in  these  resolutions  being  considered  either  frivolous 
or  unsupported,  the  resolutions  themselves  were  negatived  by 
large  majorities. 

The  states  were  not  a  little  alarmed  at  a  decision  of  the  su 
preme  court  of  the  United  States,  at  their  session  in  February, 
1793.  The  court  at  this  sesion,  four  judges  against  one,  de 
cided,  that  a  state  was  liable  to  a  suit,  in  favor  of  an  individ 
ual.  This  important  and  interesting  question  came  before 
the  court,  in  a  suit  instituted  by  a  citizen  of  South  Carolina, 
against  the  state  of  Georgia.  The  process  was  served,  by  leaving 
a  copy  with  the  governor,  and  also  with  the  attorney  general  of 
that  state — it  was  made  returnable  to  August  term,  1792  ;  and 
was  continued  to  February  following.  The  state  of  Georgia  did 
not  appear,  and  the  question  was  argued  solely  by  the  attorney 
general  of  the  United  States,  in  favor  of  the  plaintiff. 

The  decision  was  grounded  on  that  part  of  the  constitution, 
establishing  the  federal  judiciary,  which  declares,  that  the  judi 
cial  power  should  extend  among  other  cases,  "  to  controversies 
between  a  state  and  citizens  of  another  state."  The  court  were 
of  opinion,  that  this  was  not  limited  to  controversies,  where  the 
state  was  plaintiff. 

In  consequence  of  this  decision,  in  the  summer  of  1793,  a  suit 
was  also  commenced  by  an  individual  against  the  state  of  Massa 
chusetts,  and  suits  against  other  states,  were  no  doubt,  in  con 
templation.  Congress,  at  their  next  session,  proposed  an  amend 
ment  to  the  constitution,  declaring,  that  the  judicial  power  of  the 
general  government,  should  not  be  construed  to  extend  to  any 
suit,  in  law  or  equity,  against  any  state,  by  the  citizens  of  anoth 
er  state,  or  by  citizens  or  subjects  of  any  foreign  state.  This  was 
afterwards  ratified  by  the  states,  and  became  a  part  of  the  con 
stitution. 

The  4th  of  March,  1793,  closed  the  sessions  of  the  second  con 
gress,  as  well  as  the  first  term  of  the  administration  of  president 
Washington. 


CHAPTER  XXI. 

George  Washington  again  elected  president,  and  John  Adanls  vice-president — Pub 
lic  feeling  in  America  in  favor  of  the  French  revolution — France  declared  a  repub 
lic — Declare  war  against  England  and  Holland— Genet  a  new  French  minister 
arrives  in  America — Proclamation  of  neutrality  issued — Is  strongly  opposed— French 
minister's  instructions— He  is  directed  to  form  a  family  or  national  compact  with 
the  United  States — A  new  guaranty  of  the  French  West  Indies  to  be  a  condition 
of  enjoying  a  commerce  with  them— Conduct  of  Genet — Difference  between  him 
and  the  American  executive— Causes  of  it — Genet  claims  a  right  to  arm  vessels  in 
American  ports,  and  to  issue  commissions  and  to  enlist  Americans  to  man  them — 
Uses  intemperate  language  in  his  correspondence — French  consuls  take  cogni 
zance  of  prizes— Resist  the  officers  of  the  United  States — Genet  arms  and  sends 
out  a  vessel  directly  contrary  to  the  orders  of  the  president — Threatens  to  appeal  to 
the  people— President  requests  his  recall — Genet  furnished  with  a  copy  of  the 
letter  containing  this  request— His  insulting  reply— -Issues  commissions,  and  en 
gages  men  in  South  Carolina  and  Kentucky  in  hostile  expeditions  against  the  Span 
ish  possessions — Spirited  conduct  of  South  Carolina  against  such  proceedings — 
Conduct  of  the  French  agents  in  Kentucky — Their  correspondence  with  the  gov 
ernor  of  that  state — Correspondence  between  the  secretary  of  state  and  governor, 
Shelby — Conduct  of  the  French  minister  supported  by  many  Americans — Presi 
dent  accused  of  sacrificing  the  interests  of  France — Great  mass  of  the  people, 
when  informed  of  the  threat  of  the  French  minister  to  appeal  to  them,  express  their 
indignation  at  this,  and  support  the  president. 

GENERAL  WASHINGTON  had  consented,  though  with  great  re 
luctance,  not  to  decline  a  second  election.  He  again  received 
the  unanimous  vote  of  the  electors.  Mr.  Adams  was  also  again 
elected  vice-president,  but  not  with  equal  unanimity.  Of  one 
hundred  thirty  two  votes,  Mr.  Adams  had  seventy  seven,  Mr. 
Clinton,  of  New  York,  fifty,  Mr.  Jefferson  four,  and  Aaron  Bun- 
one.  The  states  of  New  York,  Virginia,  North  Carolina,  and 
Georgia,  were  unanimous  in  favor  of  Mr.  Clinton,  and  Kentucky 
voted  for  Mr.  Jefferson. 

On  the  5th  of  March,  the  president  took  the  oath  of  office,  and 
entered  upon  the  second  term  of  his  administration.  It  was 
fortunate  for  the  United  States  that  he  yielded  to  the  wishes  of 
his  country,  not  to  decline  a  second  election.  The  great  events 


POLITICAL  AND  CIVIL  HISTORY,  &c.  357 

which  had  taken  place  in  Europe,  the  effects  of  which  were  soon 
to  be  felt  in  America,  required,  in  a  chief  magistrate,  all  the 
wisdom  and  firmness,  for  which  he  was  so  eminently  distinguish 
ed,  as  well  as  all  that  popularity  and  weight  of  character,  which 
he  had  so  justly  acquired.  A  most  extraordinary  revolution  in 
France,  was  coeval  with  a  change  of  government  in  the  United 
States.  A  new  constitution,  with  the  assent  of  the  king,  was 
established  by  the  French  people.  The  legislative  power  was 
vested  in  a  single  body,  styled  a  national  assembly,  and  to  their 
acts  a  partial  negative  only  was  reserved  to  the  crown. 

This  assembly  was  dissolved  in  1792,  arid  a  national  conven 
tion  substituted.  Soon  after  this,  royalty  itself  was  abolished, 
and  the  French  nation  declared  a  republic.  The  king  and  queen 
were  arrested,  and  before  this  convention  accused  of  various 
crimes  against  the  state;  and  on  the  21st  of  January,  1793,  the 
king  was  brought  to  the  guillotine,  and  the  queen,  not  long  after, 
shared  a  similar  fate.  The  convention  soon  after  the  death  of  the 
king,  declared  war  against  Great  Britain  and  Holland.  The  news 
of  these  important  transactions  reached  America  not  long  after 
president  Washington  had  entered  upon  the  second  term  of  his 
administration  ;  and  presented  a  new  state  of  things  to  the  con 
sideration  of  the  government  and  people  of  the  United  States. 

Enjoying  the  blessings  of  liberty  and  self-government  them 
selves,  and  remembering  with  gratitude  the  aid  afforded  by  France 
in  the  attainment  of  them,  the  citizens  of  America  had  seen  with 
satisfaction  and  even  enthusiasm,  a  revolution,  by  which  the  peo 
ple  of  that  country  participated  in  the  same  blessings.  And  al 
though  in  the  progress  of  this  revolution,  in  consequence  of  the 
frequent  changes,  as  well  as  great  defects  in  their  systems  of 
government,  from  the  ferocity  and  cruelty  of  the  rival  factions, 
from  the  imprisonment  and  beheading  of  the  king  and  queen, 
some  were  led  to  doubt  whether  a  republican  or  representative 
government,  could  be  permanently  maintained  in  that  country ; 
yet  a  great  proportion  of  the  American  people  seemed  to  have 
no  doubt  on  the  subject. 

They  viewed  France  in  the  same  situation  America  formerly 
was,  contending  for  her  rights  against  the  tyranny  of  Great  Brit- 


358  POLITICAL  AND  CIVIL  HISTORY 

ain  and  the  rest  of  Europe,  and  many  individuals  were  ready  to 
join  with  her  in  the  contest,  or  to  engage  in  privateering  against 
the  commerce  of  the  belligerent  powers,  regardless  of  the  conse 
quences  to  themselves  or  their  country. 

The  president,  however,  from  his  high  station,  was  called  upon 
to  view  these  great  events  as  they  might  affect  his  own  country, 
whose  destinies,  under  God,  were  entrusted  to  his  care;  and  he 
felt  himself  bound  to  consult  the  dictates  of  his  judgment,  rather 
than  the  impulse  of  his  feelings.  He  foresaw  that  the  storm 
which  was  gathering  in  Europe,  must  soon  reach  the  United 
States,  and  he  felt  it  his  duty,  as  far  as  possible,  here  to  prevent 
its  desolating  effects.  In  the  mighty  conflict  which  was  to  ensue, 
a  conflict  in  which  all  the  great  European  powers  either  were  or 
must  necessarily  be  engaged,  he  was  satisfied  the  best  interests 
of  his  country  dictated  a  state  of  neutrality  ;  and  he  was  con 
vinced  that  this  course  might  be  pursued  without  a  violation  either 
of  national  faith,  or  national  honor. 

Neutrality,  however,  he  knew,  to  be  just,  must  be  impartial ; 
and  he  was  sensible,  that  from  the  state  of  public  feeling  in 
America,  it  would  be  extremely  difficult  to  preserve  a  state  of 
strict  neutrality,  or  to  avoid  collisions  with  some  of  the  contend 
ing  powers,  particularly  France  or  Great  Britain.  Aware  of 
the  importance  and  delicacy  of  the  crisis,  he  assembled  his  cabi 
net  in  April,  for  their  advice.  To  them  he  submitted  certain 
questions,  particularly  with  respect  to  the  existing  relations  with 
France.*  These  were  of  course  communicated  confidentially, 
but  they  afterwards  clandestinely  found  their  way  to  the  public. 

The  answers  of  the  members  of  the  cabinet  to  these  questions 
were  requested  in  writing.  On  some  of  them,  the  opinions  of  the 
members  were  unanimous  ;  on  others,  a  difference  prevailed.  All 
were  in  favor  of  issuing  a  proclamation  of  neutrality,  of  receiv 
ing  a  minister  from  the  existing  French  government,  and  against 
convening  congress.  Some  of  the  cabinet,  however,  were  for 
receiving  the  minister  with  some  degree  of  qualification,  from  a 
doubt,  whether  the  government  of  France  could  be  considered 

*  Note  21. 


OF  THE  UNITED  STATES.  359 

as  finally  settled  by  the  deliberate  sense  of  the  nation.  The 
president,  however,  concluded  to  receive  him  in  an  unqualified 
manner.  As  to  the  clause  of  guarantee,  in  the  treaty  of  1778,  a 
difference  of  opinion  also  existed  in  the  cabinet.  The  secretaries 
of  the  treasury  and  of  war,  considered  the  clause  as  only  applica 
ble  to  a  defensive  war,  and  therefore,  not  binding  in  a  contest 
commenced  by  France  herself ;  while  the  secretary  of  state  and 
the  attorney  general,  thought  it  unnecessary,  at  that  time,  to  de 
cide  the  question.  The  views  of  the  members  of  the  cabinet 
were  indeed  different,  on  the  great  question  of  the  French  revo 
lution,  and  this  served  to  increase  the  divisions  already  existing. 

A  proclamation  was  issued  by  the  president,  on  the  22d  of 
April,  declaring  it  to  be  the  duty  and  interest  of  the  United  States, 
to  pursue  a  conduct  friendly  and  impartial  towards  the  belliger 
ent  powers  of  Europe,  and  that  it  was  their  disposition  to  observe 
such  conduct  ;  warning  the  citizens  to  avoid  all  acts  tending  to 
contravene  such  a  disposition  ;  and  declaring  that  those  who  might 
render  themselves  liable  to  punishment,  by  committing,  aiding,  or 
abetting  hostilities  against  any  of  the  belligerents,  or  by  carrying 
contraband  of  war,  would  not  receive  the  protection  of  the 
United  States.  The  wisdom  and  policy  of  this  measure,  soon  be- 
eame  manifest. 

After  France  became  a  republic,  Mr.  Genet  was  sent  minister 
to  the  United  States,  in  the  room  of  Mr.  Ternarit,  who  had 
been  appointed  by  the  king. 

The  new  minister  arrived  at  Charleston,  South  Carolina,  on 
the  8th  of  April,  where  he  remained  some  weeks  ;  and  from 
thence  went  by  land  to  Philadelphia. 

He  was  presented  in  form  to  the  president,  on  the  1 8th  of  May, 
and  received  as  the  representative  of  the  French  republic.  In 
his  first  interview,  he  assured  the  president,  that  "  on  account 
of  the  remote  situation  of  the  United  States,  and  other  circum 
stances,  France  did  not  expect  that  they  should  become  a  party 
in  the  war,  but  wished  to  see  them  preserve  their  prosperity  nnH 
happiness  in  peace.11 


360  POLITICAL  AND  CIVIL  HISTORY 

This  was  in  accordance  with  the  declaration  made  by  the  na 
tional  convention,  contained  in  a  public  letter  addressed  to  the 
people  of  the  United  States,  of  which  Mr.  Genet  was  to  be  the 
bearer.  In  this  letter,  after  speaking  of  the  abolition  of  royalty, 
and  the  establishment  of  a  republic,  they  say  to  the  people  of 
America, "  the  immense  distance  which  parts  us,  prevents  your 
taking  in  this  glorious  regeneration  of  Europe,  that  concern  which 
your  principles  and  past  conduct  reserved  to  you." 

This  letter  was  published  at  Paris,  December  23d,  1792,  and 
before  the  arrival  of  the  new  minister,  was  republished  in  the  Uni 
ted  States.  Notwithstanding  these  declarations,  Genet  had 
in  his  pocket,  secret  instructions,  by  which  he  was  charged  to 
take  such  steps,  as  should  induce  the  American  government  final 
ly,  to  make  common  cause  with  France.  These  instructions  be 
ing  afterwards  made  public,  by  Genet  himself,  in  vindication 
of  his  conduct,  disclosed  the  real  views  of  the  French  govern 
ment,  in  sending  a  new  minister  to  America.  Extracts  from 
them,  cannot  be  uninteresting  to  the  reader. 

They  were  drawn  by  the  executive  council,  who  appointed  the 
new  minister,  and  after  speaking  of  the  means  of  renewing  and 
consolidating  the  commercial  ties  between  the  two  countries,  pro 
ceed  to  disclose  the  further  views  of  the  council — "  the  executive 
council  are  disposed  to  set  on  foot,  a  negociation  upon  these  foun 
dations,  and  they  do  not  know,  but  that  such  a  treaty  admits  a  lati 
tude  still  more  extensive,  in  becoming  a  national  agreement,  in 
which  the  two  great  people  shall  suspend  their  commercial  and 
political  interests,  and  establish  a  mutual  understanding  to  be 
friend  the  empire  of  liberty,  wherever  it  can  be  embraced,  to 
guaranty  the  sovereignty  of  the  people,  and  punish  those  powers, 
who  still  keep  up  an  exclusive  colonial  and  commercial  system, 
by  declaring  that  their  vessels  shall  not  be  received,  in  the  ports 
of  the  contracting  parties.  Such  a  compact,  which  the  people  of 
France  will  support  with  all  the  energy  which  distinguishes  them, 
and  of  which  they  have  given  so  many  proofs,  will  contribute  to 
the  general  emancipation  of  the  new  world.  However  vast  this 
project  may  be,  it  will  not  be  difficult  to  execute,  if  the  Americans 


OF  THE  UNITED  STATES.  361 

determine  on  it ;  and  it  is  to  convince  them  of  its  practicability, 
that  citizen  Genet  must  direct  all  his  attention." 

After  stating  that  France  had  a  particular  interest,  in  acting 
efficiently  against  England  and  Spain,  and  that  the  Americans 
were  equally  interested  in  disconcerting  the  destructive  projects 
of  George  III,  the  executive  council  added,  "  as  it  is  possible, 
however,  that  the  false  representations,  which  have  been  made  to 
congress  of  the  situation  of  our  internal  affairs,  of  the  state  of  our 
maritime  power,  of  our  finances,  and  especially  of  the  storms  with 
which  we  are  threatened,  may  make  her  ministers  in  the  negoci- 
ations  which  citizen  Genet  is  entrusted  to  open,  adopt  a  timid 
and  wavering  conduct,  the  executive  council  charges  him,  in  ex 
pectation,  that  the  American  government  will  finally  determine  to 
make  a  common  cause  with  us,  to  take  such  steps  as  will  appear  to 
him,  the  exigences  may  require,  to  serve  the  cause  of  liberty  and 
the  freedom  of  the  people." 

The  real  and  ultimate  views  of  the  French  government  in  send 
ing  a  new  minister  to  the  United  States,  are  h  re  disclosed. 

The  "  steps"  he  was  charged  to  take  in  case  of  the  "  timid  and 
wavering  conduct"  of  the  American  government,  referred  no 
doubt,  to  enlisting  the  American  people  on  the  side  of  France,  and 
through  their  influence,  to  induce,  if  not  compel  the  government 
finally  to  make  common  cause  with  her  ;  and  the  conduct  of  the 
French  minister  was  in  conformity  with  this  ultimate  object.  And, 
but  for  the  wisdom  and  prudence  of  the  chief  magistrate,  and  the 
indiscretion  of  the  minister  himself,  the  United  States  would  pro 
bably  at  that  period,  have  been  involved  in  the  destructive  wars 
of  Europe. 

The  French  nation,  being  at  war  with  the  great  maritime  pow 
ers,  perceived  the  importance  and  even  the  necessity  of  a  relax 
ation  of  its  colonial  system.  Immediately  after  the  declaration 
of  war  against  Great  Britain  and  Holland,  the  national  conven 
tion,  therefore,  passed  a  decree  opening  their  ports  in  the  East  and 
West  Indies,  and  granted  special  privileges  to  the  vessels  of  the 
United  States. 

VOL.  II.  46 


362  POLITICAL  AND  CIVIL  HISTORY 

The  communication  of  Mr.  Genet,  enclosing  this  decree,  clear 
ly  evinced  that  a  political  as  well  as  commercial  compact  between 
the  two  countries,  was  contemplated  by  the  French  government, 
and  was  at  the  same  time,  to  be  a  subject  of  negociation. 

"  The  French  republic,"  says  Mr.  Genet,  in  his  letter  to  the 
secretary  of  state,  of  the  23d  of  May,  1793,  "  seeing  in  the  Amer 
icans  but  brothers,  has  opened  to  them  by  the  decrees  now  en 
closed,  all  her  ports  in  the  two  worlds  ;  has  granted  them  all  the 
favors  which  her  own  citizens  enjoy,  in  her  vast  possessions  ;  has 
invited  them  to  participate  the  benefits  of  her  navigation,  in 
granting  to  their  vessels,  the  same  rights  as  to  her  own  ;  and  has 
charged  me,  to  propose  to  your  government,  to  establish  in  a 
true  family  compact,  that  is,  in  a  national  compact,  the  liberal 
and  fraternal  basis  on  which  she  wishes  to  see  raised  the  commer 
cial  and  political  system  of  two  people,  all  whose  interests  are 
confounded."  He  added,  "  that  he  was  invested  with  the  pow 
ers  necessary  to  undertake  this  important  negociation,  of  which 
the  sad  annals  of  humanity  offer  no  example  before  the  brilliant 
era  at  length  opening  upon  it." 

The  first  instructions  of  Genet,  extracts  from  which  we  have 
just  given,  bore  date  the  4th  day  of  January,  1793.  On  the  17th 
of  the  same  month,  he  was  furnished  with  additional  instructions, 
more  explicit  as  to  the  objects  and  conditions  of  the  new  compact 
he  was  directed  to  propose  to  the  United  States.  The  old  treaty 
of  alliance  was  to  be  more  fully  defined  and  enlarged ;  and  a 
new  guaranty  of  the  French  West  India  Islands  was  to  be  a  sine 
qua  non  of  the  American  commerce  with  these  islands. 

These  instructions  serve  to  explain  the  French  ministers  letter 
above  mentioned,  concerning  the  new  "family  compact.1'' 

"  The  executive  council,"  say  the  last  instructions,  "  wish  that 
a  new  treaty,  founded  upon  a  basis  more  liberal  and  more  fra 
ternal,  than  that  of  1778,  may  be  concluded  as  soon  as  possible. 
As,  however,  they  cannot  conceal,  that  in  the  actual  state  of  Eu 
rope,  a  negociation  of  this  kind  may  be  subject  to  many  impedi 
ments,  whether  brought  about  by  secret  manoeuvres  of  the  Eng 
lish  minister  and  his  partizans  in  Philadelphia,  by  the  timidity  of 


OF  THE  UNITED  STATES.  363 

certain  members  of  the  federal  government,  who,  notwithstanding 
their  known  patriotism,  have  always  shown  the  strongest  aversion 
to  every  measure  which  might  be  unpleasing  to  England,  they 
think  it  right  for  the  present,  that  citizen  Genet  should  draw  every 
advantage  which  the  provisions  of  the  subsisting  treaty  secure  to 
the  republic,  until  a  new  compact  has  more  clearly  and  fully  de 
fined  and  enlarged  them.  In  this  view,  which  existing  circum 
stances  render  particularly  important,  citizen  Genet  is  express 
ly  enjoined  to  make  himself  thoroughly  master  of  the  sense  of  the 
treaty  of  1778,  and  to  be  watchful  in  the  execution  of  the  articles, 
which  are  favorable  to  the  commerce  and  navigation  of  the 
French  republic,  and  he  shall  endeavor  to  satisfy  the  Americans, 
that  the  engagements  which  may  appear  burdensome  to  them  are 
the  just  price  of  that  independence,  which  the  French  contributed 
to  acquire  for  them." 

With  respect  to  the  terms  of  thus  new  family  compact,  the  ex 
ecutive  council  in  their  last  instructions  say,  "  the  reciprocal  guar 
anty  of  the  possessions  of  the  two  nations  stipulated  in  the  llth 
article  of  the  treaty  of  1778,  can  be  established  upon  generous 
principles,  which  have  been  already  pointed  out,  and  shall  equal 
ly  be  an  essential  clause  in  the  new  treaty  which  will  be  proposed. 
The  executive  council  in  consequence,  recommend  especially  to 
citizen  Genet,  to  sound  early  the  disposition  of  the  American  gov 
ernment,  and  to  make  it  a  condition  sine  qua  non,  of  their  free 
commerce  with  the  West  Indies,  so  essential  to  the  United  States. 
It  nearly  concerns  the  peace  and  prosperity  of  the  French  nation, 
that  a  people  whose  resources  increase  beyond  all  calculation, 
and  whom  nature  hath  placed  so  near  our  rich  colonies,  should 
become  interested  by  their  own  engagements,  in  the  preservation 
of  these  islands.  The  citizen  Genet  will  find  the  less  difficulty  in 
making  this  proposition  relished  in  the  United  States,  as  the  great 
trade  which  will  be  the  reward  of  it,  will  indemnify  them  ultimate 
ly  for  the  sacrifices  they  may  make  at  the  outset,  and  the  Amer 
icans  cannot  be  ignorant  of  the  great  disproportion  between  their 
resources  and  those  of  the  French  republic  ;  and  that  for  a  long 
period,  the  guaranty  asked  of  them,  will  be  little  else  than  nomin- 


364  POLITICAL  AND  CIVIL  HISTORY 

al  for  them,  while  that  on  our  part  will  be  real,  and  we  shall  im 
mediately  put  ourselves  in  a  state  to  fulfil  it,  in  sending  to  the 
American  ports  a  sufficient  force  to  put  them  beyond  insult,  and 
to  facilitate  their  communication  with  the  Islands  and  with 
France." 

The  French  minister  was  also  furnished  with  blank  letters  of 
marque,  to  be  delivered  "  to  such  French  or  American  owners  as 
should  apply  for  the  same."  There  were  also  delivered  to  him 
by  the  minister  at  war,  "  officer's  commissions  in  blank  for  seve 
ral  grades  in  the  army." 

At  that  period  of  the  government  the  president  had  never  made 
a  treaty  without  previously  consulting  the  senate.  The  French 
minister  was,  therefore,  informed,  that  as  "  the  senate  was  in  re 
cess,  and  could  not  meet  again  till  the  fall,  the  participation,  in 
matters  of  treaty,  given  by  the  constitution  to  that  branch  of  the 
government,  would,  of  course^  delay  any  definite  answer  to  his 
friendly  propositions." 

The  American  executive  was,  at  the  same  time,  well  aware 
that  a  political  and  not  a  commercial  connection  with  the  United 
States,  was  the  real  or  principal  object  of  the  newly  established 
republic.  During  the  preceding  year,  the  American  government 
had  repeatedly  made  overtures  for  new  commercial  arrangements 
with  France,  particularly  with  respect  to  her  colonies.  But 
these  had  been  neglected.  In  the  unsettled  state  of  the  new 
government,  the  president  very  wisely  delayed  meeting  the  pro 
positions  of  Genet. 

His  views  on  the  subject,  greatly  misrepresented  at  the  time, 
were  communicated  to  Mr.  Munroe,  while  minister  in  France,  in 
a  letter  from  the  secretary  of  state,  of  June  1st,  1795.  Referring 
to  these  propositions,  the  secretary  says, — "  It  is  impossible  to 
look  into  this  subject,  without  remarking,  that  other  principles 
may  be  conceived,  upon  which  the  executive  might  have  refused 
to  act  immediately  ;  but  which  do  not  appear  to  have  influenced 
his  designs.  His  attention  must  have  been  arrested  by  the  dic 
tion  of  Mr.  Genet's  overtures.  The  president  and  the  French 
republic  had  hitherto  agitated  a  change  in  commercial  regulations 


OF  THE  UNITED  STATES.  365 

only  ;  when  Mr.  Genet  announces  a  desire  to  modify  the  political 
connection  also.  The  precise  meaning  of  the  word  political, 
was  not  very  obvious  ;  though  the  most  natural  interpretation 
was,  that  the  political  relation,  established  by  the  treaty  of  alli 
ance,  was  proposed  to  be  revised. 

"  The  project,  therefore,"  the  secretary  added,  "of  a  treaty  on 
the  basis  of  Mr.  Genet's  propositions,  ought  to  have  been  well  ex 
plored  before  the  first  advance.  To  assent  to  them,  if  it  would 
not  have  been  a  departure  from  neutrality,  would  at  least  have 
magnified  the  suspicion  of  our  faith,  without  a  confidence  in 
which,  that  neutrality  must  always  be  insecure :  To  reject 
them  was  to  incur  discontent,  possibly  a  breach  with  an  ally. 
The  councils  of  nations  ought  to  be  superior  to  the  passions 
which  drive  individuals.  Permanent  good  being  the  polar  star 
of  the  former,  they  will  often  have  to  encounter  the  impetuosity 
of  the  latter,  who  substitute  feelings  for  sound  policy."* 

Mr.  Genet  was  instructed  "  to  solicit  the  American  government 
for  the  payment  of  the  sums  remaining  due  to  France,  though  all 
the  times  stipulated  for  the  reimbursement  had  not  yet  expired." 
As  an  inducement  for  anticipating  these  payments,  it  was  propos 
ed  by  the  French  government,  that  the  whole  of  the  money  thus 
paid,  should  be  expended  in  purchasing  the  various  productions 
of  the  United  States.  One  of  the  first  official  acts  of  the  new 
minister,  therefore,  was,  an  application  to  the  executive  for  this 
object.  He  proposed,  that  the  whole  of  the  debt  due  to  France, 
be  paid  in  specie  or  bank  bills  of  equal  currency  with  specie,  or 
in  government  bonds,  bearing  interest  and  payable  at  certain  spe 
cified  periods ;  on  condition  that  the  sums  advanced  should  be 
invested  in  the  productions  of  America,  for  the  supply  of  the 
French  dominions.  In  answer  to  this  proposition,  the  French 
minister  was  informed  that  the  payment  of  the  instalments,  as 
they  fell  due,  could  then  only  be  effected  by  new  loans  ;  and  that 
it  was  not  in  the  power  of  the  United  States  to  anticipate  the 
payment  of  the  whole  sum  at  once.  That  the  issue  of  govern 
ment  bonds  to  so  large  an  amount,  would  tend  greatly  to  injure 

*  Munroe's  View,  pp.  240,  241,  242. 


366  POLITICAL  AND  CIVIL  HISTORY 

public  credit  ;  and  that,  therefore,  the  advantages  offered,  were 
insufficient  to  induce  an  acceptance  of  the  proposition. 

The  reply  of  the  minister,  as  well  as  his  other  communications 
made  about  the  same  time,  evinced  the  spirit  with  which  he  was 
governed. 

"  Without  entering  into  the  financial  reasons,"  he  said  in  a 
letter  of  the  1 4th  of  June,  "  which  operate  this  refusal,  without 
endeavoring  to  prove  to  you,  that  it  tends  to  accomplish  the  in 
fernal  system  of  the  king  of  England,  and  of  the  other  kings,  his 
accomplices  to  destroy,  by  famine,  the  French  republicans  and 
liberty,  I  attend,  on  the  present  occasion,  only  to  the  calls  of  my 
country,"  &c. 

He  requested  the  president  to  direct  an  adjustment  of  the 
amount  due  to  France,  to  enable  him  to  make  assignments  of  the 
same  to  American  merchants  or  farmers,  in  payment  for  pro 
visions  they  might  furnish,  agreeably  to  his  instructions. 

Questions  of  serious  importance  soon  arose,  not  only  with  re 
gard  to  belligerent  and  neutral  rights  and  duties  under  the  general 
law  of  nations  ;  but  also  under  the  treaties  existing  between 
the  two  countries,  on  which  the  American  executive  and  the 
French  minister  unfortunately  differed.  In  a  conference  with  the 
secretary  of  state,  soon  after  his  reception,  Mr.  Genet  spoke  of 
his  proceedings  at  Charleston,  and  expressed  a  hope,  "  that  the 
president  had  not  so  absolutely  decided  against  the  measure,  but 
that  he  would  hear  what  was  to  be  said  in  support  of  it."  He 
added,  that  he  would  write  him  a  note,  justifying  his  conduct 
under  the  treaty  between  the  two  nations  ;  but  if  the  president 
should  finally  determine  otherwise,  he  must  submit,  as  his  instruc 
tions  enjoined  him  to  do  what  was  agreeable  to  the  Americans. 

In  pursuance  of  this  intimation,  he  soon  after  addressed  a  note 
to  the  secretary  of  state,  in  answer  to  one  of  the  1 5th  of  May,  to 
Mr.  Ternant,  his  predecessor.  This  was  the  commencement  of  a 
correspondence  between  the  new  French  minister  and  the  Amer 
ican  executive  ;  a  correspondence  which,  whether  viewed  in  re 
lation  to  the  claims  and  complaints  on  the  part  of  the  French 


OF  THE  UNITED  STATES.  367 

government,  or  to  the  style  and  manner  in  which  they  were 
presented,  stands  unequalled  in  the  history  of  diplomacy. 

That  language,  such  as  this  correspondence  contained,  should 
have  been  used  by  a  foreign  minister  to  the  president  of  the  Uni 
ted  States,  could  hardly  have  obtained  belief  among  those  unac 
quainted  with  the  spirit  of  that  period,  had  not  the  correspondence 
itself  been  submitted  to  their  examination. 

The  French  minister  claimed  the  right  of  arming  vessels  in  our 
ports,  and  of  enlisting  American  citizens  to  cruize  against  nations 
with  whom  the  United  States  were  at  peace  ;  and  insisted  that 
the  American  government  could  neither  prohibit  such  armaments, 
or  punish  those  who  should  thus  engage  in  the  war,  on  the  side 
of  France.  In  his  first  note  on  this  subject,  after  acknowledging 
that  by  his  order,  vessels  had  been  armed  and  commissioned  in 
the  port  of  Charleston,  and  that  these  vessels,  manned  in  part  by 
American  citizens,  had  taken  and  brought  prizes  into  American 
ports,  he  says,  "  I  ought,  by  a  sincere  exposition  of  my  conduct, 
to  put  you  in  a  capacity  to  judge,  whether  I  have  encroached  on 
the  sovereignty  of  the  American  nation,  its  laws,  and  its  princi 
ples  of  government.  The  vessels  armed  at  Charleston  belong  to 
French  houses;  they  are  commanded  and  manned  by  French 
citizens,  or  by  Americans,  who,  at  the  moment  they  entered  the 
service  of  France,  in  order  to  defend  their  brothers  and  their 
friends,  knew  only  the  treaties  and  the  laws  of  the  United 
States,  no  article  of  which  imposes  on  them  the  painful  injus 
tice  of  abandoning  us,  in  the  midst  of  the  dangers  which  surround 
us.  It  is  then  evident,  sir,  that  these  armaments  cannot  be  mat 
ter  of  offense  in  the  citizens  of  the  United  States  ;  and  that  those 
who  are  on  board  of  our  vessels,  have  renounced  the  immediate 
protection  of  their  country,  on  taking  part  with  us." 

These  novel  doctrines  were  resisted  by  the  American  execu 
tive  ;  and  the  secretary  of  state,  in  reply  informed  the  French 
minister,  that  arming  and  equipping  vessels  in  the  ports  of  the 
United  States,  to  cruise  against  nations  with  whom  they  were 
at  peace,  was  incompatible  with  their  territorial  sovereignty. 


368  POLITICAL  AND  CIVIL  HISTORY 

That  it  was  the  right  of  every  nation  "  to  prohibit  acts  of  sove 
reignty  from  being  exercised  by  any  other  within  its  limits,  and 
the  duty  of  a  neutral  nation  to  prohibit  such  as  would  injure 
one  of  the  warring  powers;  that  the  granting  military  commis 
sions  within  the  United  States,  by  any  other  authority  than  their 
own,  was  an  infringement  on  their  sovereignty,  and  particularly 
so,  when  granted  to  their  own  citizens,  to  lead  them  to  commit 
acts  contrary  to  the  duties  they  owed  their  own  country  ;  that 
the  departure  of  vessels,  thus  illegally  equipped,  from  the  ports  of 
the  United  States,  would  be  but  an  acknowledgment  of  respect, 
analogous  to  the  breach  of  it,  while  it  is  necessary,  on  their  part, 
as  an  evidence  of  their  faithful  neutrality." 

The  French  minister,  instead  of  submitting  to  the  opinion  of 
the  president,  declared  to  the  secretary  of  state,  that  this  opinion 
was  contrary  to  the  principles  of  natural  right,  to  the  usage  of 
nations,  to  the  connection  which  united  the  two  countries,  and 
even  to  the  president's  proclamation. 

"  Every  obstruction  by  the  government  of  the  United  States," 
he  said,  "  to  the  arming  of  French  vessels,  must  be  an  attempt 
on  the  rights  of  man,  upon  which  repose  the  independence  and 
laws  of  the  United  States;  a  violation  of  the  ties,  which  unite  the 
people  of  France  and  of  America  ;  and  even  a  manifest  contra 
diction  of  the  system  of  neutrality  of  the  president ;  for,  in  fact, 
if  our  merchant  vessels,  or  others,  are  not  allowed  to  arm  them 
selves,  when  the  French  alone  are  resisting  the  league  of  all  the 
tyrants  against  the  liberty  of  the  people,  they  will  be  exposed  to 
inevitable  ruin  in  going  out  of  the  United  States,  which  is  cer 
tainly  not  the  intention  of  the  people  of  America. 

"  Their  fraternal  voice  has  resounded  from  every  quarter 
around  me,  and  their  accents  are  not  equivocal — they  are  as 
pure  as  the  hearts  of  those  by  whom  they  arc  expressed,  and  the 
more  they  have  touched  my  sensibility,  the  more  they  must  inter 
est,  in  the  happiness  of  America,  the  nation  I  represent ;  the 
more  I  wish,  sir,  that  the  federal  government  should  observe,  as 
far  as  in  their  power,  the  public  engagements  contracted  by  both 
nations ;  and  that  by  this  generous  and  prudent  conduct,  they 


OF  THE  UNITED  STATES.  369 

will  give,  at  least  to  the  world,  the  example  of  a  true  neutrality, 
which  does  not  consist  in  a  cowardly  abandonment  of  their  friends 
in  the  moment  when  danger  menaces  them,  but  adhering  strictly, 
if  they  can  do  no  better,  to  the  obligations  they  have  contracted 
with  them." 

The  right  of  arming  in  American  ports,  was  claimed  also  by  Mr. 
Genet,  under  the  17th  and  22d  articles  of  the  treaty  of  amity  and 
commerce  between  the  two  countries.  The  president,  on  the 
other  hand,  viewed  the  17th  article  as  merely  giving  to  the  con 
tracting  parties,  the  right  of  entering  the  ports  of  the  other  with 
their  prizes,  and  departing  with  them  freely,  but  not  of  arming 
and  manning  vessels  in  their  respective  ports.  A  construction 
was  also  given  by  the  executive  to  the  22d  article,  different  from 
that  contended  for  by  the  French  minister.  While  the  latter 
claimed  that  this  article  expressly  gave  France  the  right  of  arm 
ing  in  the  ports  of  the  United  States,  the  president  said  that  it  only 
prohibited  foreign  privateers  from  arming  in  the  p6rts  of  either 
party  ;  but  did  not  grant  such  permission  to  the  contracting  par 
ties  themselves — that  on  this  point  it  was  silent,  and  left  open  and 
free,  to  be  decided  according  to  circumstances.  That  a  nega 
tive  stipulation  as  to  privateers  of  the  enemies  of  France,  was  not 
an  affirmative  one  in  favor  of  France  herself.  This,  it  was  also 
said,  could  not  have  been  the  intention  of  the  parties  when  the 
treaty  was  made ;  as  such  a  stipulation  on  the  part  of  France, 
would  have  been  inconsistent  with  her  treaties  with  other  powers, 
then  in  force.  In  case  of  war  between  the  United  States  and 
Spain,  France  by  her  treaty  with  the  latter,  could  not  permit  the 
vessels  of  the  United  States  to  be  armed  in  her  ports. 

This,  the  American  government  said,  must  have  been  the  con 
struction  put  upon  this  article  by  France  herself,  in  her  treaty 
with  Great  Britain,  in  1786;  by  which  persons  "not  being 
subjects  of  either  crown,"  were  prohibited  from  arming  in  the 
ports  of  the  other.  If  this  had  amounted  to  an  affirmative 
stipulation,  that  the  subjects  of  the  crown  of  Great  Britain, 
being  at  war  with  the  United  States,  might  arm  in  her  ports 
against  them,  it  would  have  been  a  direct  violation  of  that  ar- 

VOL.  II.  47 


370      •*  POLITICAL  AND  CIVIL  HISTORY 

ticle.  Bound  by  treaty  to  refuse  to  one  belligerent  the  right  of 
arming  in  our  ports,  and  at  liberty  to  refuse  it  to  the  other,  the  ex 
ecutive  said,  it  would  be  a  breach  of  neutrality,  not  to  refuse  it 
to  the  latter.  This  reasoning,  however  conclusive,  not  being  in 
accordance  with  the  views  of  the  French  minister,  was  by  no 
means  satisfactory  to  him. 

Nor  was  he  better  satisfied  with  the  reasoning  of  the  American 
executive,  as  to  the  right  and  duty  of  the  United  States,  to  restrain 
their  citizens  from  hostile  acts  against  nations,  with  whom  they 
were  at  peace.  "  The  United  States,"  says  the  secretary,  "  be 
ing  in  a  state  of  peace  with  most  of  the  belligerent  powers  by 
treaty,  and  with  all  of  them  by  the  laws  of  nature  ;  murders  arid 
robberies  committed  within  our  territory,  or  on  the  high  seas,  on 
those  with  whom  we  are  so  at  peace,  are  punishable  equally  as 
if  committed  on  our  own  inhabitants.  If  I  might  venture  to  rea 
son  a  little  formally,  without  being  charged  with  running  into 
4  subtleties  and  aphorisms,'  I  would  say,  that  if  one  citizen  has  a 
right  to  go  to  war  of  his  own  authority,  every  citizen  has  the 
same.  If  every  citizen  has  that  right,  then  the  nation  (which  is 
composed  of  all  its  citizens,)  has  a  right  to  go  to  war  by  the  au 
thority  of  its  individual  citizens.  But  this  is  not  true,  either  on 
the  general  principles  of  society  or  by  our  constitution,  which 
gives  that  power  to  congress  alone,  and  not  to  the  citizens  indi 
vidually.  The  first  position  is  not  true  ;  and  no  citizen  has  a 
right  to  go  to  war  of  his  own  authority  ;  and  for  what  he  does 
without  right,  he  ought  to  be  punished.  Indeed,  nothing  can  be 
more  obviously  absurd,  than  to  say  that  all  the  citizens  may  be  at 
war,  and  yet  the  nation  at  peace."  To  these  reasonings,  or  ra 
ther  axioms,  which  it  must  now  appear  strange,  could  be  contro 
verted  by  any  one,  the  French  minister  applied  the  epithet  of 
"  diplomatic  subtleties." 

And  when  the  secretary  enforced  the  principles  of  neutrality 
advanced  by  him,  by  quotations  from  Vattel,  and  the  most  ap 
proved  writers  on  national  law,  Genet  calls  them  "  the  apho 
risms  of  Vattel,  &c."  "  All  the  reasonings,"  he  said  to  the  secre 
tary  in  his  answer,  "  contained  in  your  letter,  are  ingenious,  but  I 


OF  THE  UNITED  STATES.  371 

do  not  hesitate  to  tell  you,  that  they  rest  on  a  basis  which  I  can 
not  admit." 

"  You  oppose  to  my  complaints,  to  my  just  reclamations,  upon 
the  footing  of  right,  the  private  or  public  opinion  of  the  president 
of  the  United  States  ;  and  this  egis,  not  appearing  to  you  suffi 
cient,  you  bring  forward  aphorisms  of  Vattel,  to  justify  or  excuse 
infractions  committed  on  positive  treaties."  And  he  has  the  af- 
frontery  to  add,  "  do  not  punish  the  brave  individuals  of  your  na 
tion,  who  arrange  themselves  under  our  banner,  knowing  perfect 
ly  well,  that  no  law  of  the  United  States  gives  to  the  government, 
the  sad  power  of  arresting  their  zeal,  by  acts  of  rigor.  The  Amer 
icans  are  free  ;  they  are  not  attached  to  the  glebe,  like  the  slaves 
of  Russia  ;  they  may  change  their  situation  when  they  please, 
and  by  accepting  at  this  moment,  the  succor  of  their  arms  in  the 
habit  of  trampling  on  tyrants,  we  do  not  commit  the  plagiat  of 
which  you  speak.  The  true  robbery,  the  true  crime,  would  be  to 
enchain  the  courage  of  these  good  citizens,  of  these  sincere  friends 
of  the  best  of  causes."* 

Not  only  were  French  vessels  armed  in  American  ports,  and 
manned  by  American  citizens,  to  cruise  against  nations  in  ami 
ty  with  the  United  States ;  but  these  vessels  returned  into  port 
with  their  prizes,  some  of  which  were  taken  on  the  high  seas, 
and  others  within  the  jurisdictional  limits  of  the  United  States. 

In  some  instances,  also,  the  public  armed  ships  of  France,  took 
vessels  on  our  shores,  and  in  our  waters,  and  brought  them  in  as 
prizes. 

When  our  neutrality  was  thus  violated,  either  by  a  public  or 
private  armed  ship,  the  president  deemed  it  his  duty,  as  far  as 
practicable,  to  cause  the  vessels  to  be  restored  ;  and  for  this  pur 
pose  only,  the  courts  of  the  United  States,  made  inquiry  and  took 
cognizance  of  prizes  thus  made. 

The  French  minister  complained  loudly  of  this  conduct  of  the 
American  government ;  declaring,  that  French  consuls  alone, 
could  decide  whether  these  vessels  were  lawful  prize  or  not.  In 

*  American  State  Papers,  vol.  1,  p.  96. 


372  POLITICAL  AND  CIVIL  HISTORY 

vain  did  the  president  in  reply,  say,  that  by  the  consular  conven 
tion,  no  such  power  was  given  to  French  consuls — in  vain  did 
he  refer  to  the  established  law  of  nations,  "  that  it  was  an  essen 
tial  attribute  of  the  jurisdiction  of  every  country,  to  preserve  peace, 
to  punish  acts  in  breach  of  it,  and  to  restore  property  taken  by 
force,  within  its  limits" — in  vain  did  he  refer  for  a  recognition  of 
the  same  principles,  to  the  6th  article  of  the  treaty  between 
the  two  countries,  by  which  each  party  stipulates  by  all  the  means 
in  their  power,  to  protect  and  defend  each  others  vessels  and  ef 
fects,  in  their  respective  ports  or  roads,  or  on  the  seas  near  their 
countries,  and  to  recover  and  restore  the  same  to  the  right  owners. 
These  well  known  principles,  recognized  by  a  solemn  compact 
between  France  and  America,  were  entirely  disregarded  by  the 
French  minister  and  consular  agents ;  and  the  president  was  at 
last  compelled  to  give  notice  to  the  consuls,  that  if  they  contin 
ued  to  exercise  "  within  the  United  States,  a  general  admiralty 
jurisdiction,  and  in  particular,  to  assume  to  try  the  validity  of 
prizes,  and  to  give  sentence  thereon  as  judges  of  admiralty,"  or 
should  undertake  "  to  give  commissions  within  the  United  States* 
and  to  enlist  or  encourage  the  enlistment  of  men,  natives,  or  in 
habitants  of  the  states,  to  commit  hostilities  on  nations,  with 
whom  the  United  States  were  at  peace,  their  exequaturs  should 
be  revoked,  and  their  persons  be  submitted  to  such  prosecutions 
and  punishments  as  the  laws  should  prescribe  for  the  case."  Not 
withstanding  this,  French  consuls  not  only  continued  to  exercise 
admiralty  jurisdiction,  and  to  determine  the  validity  of  prizes, 
but  did  actually  resist  the  process  of  the  federal  courts,  supposed 
to  interfere  with  the  exercise  of  such  jurisdiction.  A  regular  writ 
of  replevin  was  issued  at  Boston,  by  virtue  of  which,  the  schoon 
er  Greyhound,  brought  into  Boston  harbor  as  a  French  prize,  was 
taken  possession  of  by  the  marshal  of  the  district  of  Massachu 
setts.  By  orders  from  the  French  consul  Duplaine,  this  vessel  was 
forcibly  taken  from  the  custody  of  the  marshal,  by  the  French 
frigate  Concord,  then  in  the  harbor,  and  was  for  some  time  de 
tained  by  force,  under  the  protection  of  the  frigate.  Informed 
of  this  outrage  on  the  laws  of  the  country,  the  president  imme- 


OF  THE  UNITED  STATES.  373 

diatcly  revoked  and  annulled  the  exequatur  of  the  consul,  and 
prohibited  his  further  exercise  of  consular  powers.  The  French 
minister  himself,  also,  forbade  an  officer  of  justice  to  serve  a  pro 
cess,  on  a  vessel  taken  within  a  mile  of  the  American  shores,  and 
brought  into  New  York  as  a  prize  ;  and  gave  orders  to  a  French 
squadron,  then  in  the  harbor,  to  protect  this  vessel  against  any 
person,  who  should  attempt  to  take  her  into  custody.* 

Convinced  that  it  was  a  breach  of  neutrality,  to  permit  either 
of  the  belligerents  to  arm  in  our  ports,  the  president  requested  the 
governors  of  the  several  states,  to  take  measures  to  prevent  the 
same ;  and  also  directed  instructions  to  be  sent  to  the  collectors 
of  the  customs,  to  give  notice  of  all  acts,  contravening  the  laws 
of  neutrality  in  their  respective  ports,  to  the  governors  of  the 
states,  and  to  the  attornies  of  the  United  States. 

These  instructions  were  accompanied  with  certain  rules,  rela 
tive  to  the  arming  of  vessels,  and  to  the  enlistment  of  men. 

Mr.  Genet  complained,  likewise,  that  French  property  was 
taken  from  American  vessels,  on  the  high  seas,  by  belligerents, 
contrary  to  the  law  of  nations,  "that  free  ships  should  make  free 
goods  ;"  and  that  this  was  permitted  by  the  American  govern 
ment,  to  the  great  injury  of  France.  In  communicating  these 
complaints,  the  language  of  the  minister  was,  in  the  highest  de 
gree,  insulting  to  the  American  executive  and  nation. 

"  On  all  the  seas,"  he  said,  in  his  note  to  the  secretary  of  state 
of  July  25th,  "  an  audacious  piracy  pursues,  even  in  your  vessels, 
French  property,  arid  also  that  of  the  Americans  destined  for  our 
ports.  Your  political  rights  are  counted  for  nothing  ;  in  vain  do 
the  principles  of  neutrality  establish,  that  friendly  vessels  make 
friendly  goods  ;  in  vain,  sir,  does  the  president  of  the  United 
States  endeavor,  by  his  proclamation,  to  reclaim  the  observation 
of  this  maxim ;  in  vain  does  the  desire  of  preserving  peace,  tend 
to  sacrifice  the  interests  of  France,  to  that  of  the  moment;  in  vain 
does  the  thirst  of  riches  preponderate  over  honor,  in  the  political 
balance  of  America ;  all  this  management,  all  this  condesension, 
end  in  nothing ;  our  enemies  laugh  at  it;  and  the  French,  too 

*  American  State  Papers,  vol.  1, 167, 168,  and  169. 


374  POLITICAL  AND  CIVIL  HISTORY 

confident,  are  punished,  for  having  believed,  that  the  nation  had 
a  flag,  that  they  had  some  respect  for  their  laws,  some  conviction 
of  their  strength,  and  entertained  some  sentiment  of  dignity.  It 
is  not  possible  for  me,  sir,  to  paint  to  you  all  my  sensibility  on  this 
scandal,  which  tends  to  the  diminution  of  your  commerce,  to  the 
oppression  of  ours,  and  to  the  debasement  and  vilification  of  re 
publicans."  He  added,  in  the  conclusion  of  this  extraordinary 
communication,  "  But  if  our  fellow  citizens  have  been  deceived, 
if  you  are  not  in  condition  to  maintain  the  sovereignty  of  your 
people,  speak  ;  we  have  guarantied  it  when  slaves,  we  shall  be 
able  to  render  it  formidable,  having  become  freemen." 

He  demanded,  at  the  same  time,  to  be  informed,  what  meas 
ures  the  American  government  had  taken  to  obtain  restitution  of 
the  property  plundered  from  his  fellow  citizens,  under  the  protec 
tion  of  its  flag.  In  answer  to  this  insolent  letter,  the  secretary 
remarked — "  I  believe  it  cannot  be  doubted,  but  that,  by  the  gen 
eral  law  of  nations,  the  goods  of  a  friend  found  in  the  vessel  of  an 
enemy  are  free,  and  that  the  goods  of  an  enemy,  found  in  the 
vessel  of  a  friend,  are  lawful  prize.  Upon  this  principle,  I  pre 
sume,  the  British  armed  vessels  have  taken  the  property  of  French 
citizens  found  in  our  vessels,  in  the  case  above  mentioned,  and 
I  confess  I  should  be  at  a  loss,  on  what  principle  to  reclaim  it." 
The  secretary  added,  that  sundry  nations  had  changed  this  prin 
ciple  by  special  treaties.  That  this  modification  of  national  law, 
had  been  adopted  in  treaties  the  United  States  had  made  with 
France,  the  United  Netherlands,  and  Prussia  ;  but  that  with  Eng 
land,  Portugal  and  Austria,  they  had  no  treaties,  and,  therefore, 
"  had  nothing  to  oppose  to  their  acting  according  to  the  law  of 
nations,  that  enemy's  goods  were  lawful  prize,  though  found 
in  the  bottom  of  a  friend."* 

Remonstrances  against  these  proceedings  of  the  French  min 
ister,  were  made  in  vain — he  seemed  determined  to  set  the 

*  To  preserve  peace  within  our  waters,  as  far  as  possible,  as  the  American  ports 
were  the  resort  of  the  armed  vessels  of  all  the  belligerents,  the  president  established  a 
rule,  that  no  hostile  public  armed  vessel  should  sail  from  the  same  port  within  twenty 
four  hours  of  each  other.  This  rule  was  highly  displeasing  to  the  French  minister. 


OF  THE  UNITED  STATES.  375 

law  and  the  government  of  the  country  at  defiance.  At  Phil 
adelphia,  under  the  eye  of  the  government,  he  caused  a  vessel, 
taken  from  the  British,  called  the  Little  Democrat,  to  be  armed ; 
and  directly  contrary  to  the  remonstrances  of  the  president 
and  the  governor  of  Pennsylvania,  he  ordered  her  departure. 
In  a  conference  with  the  governor  of  Pennsylvania,  or  his  sec 
retary,  on  this  subject,  his  language  towards  the  president  was 
extremely  intemperate  ;  and  he  threatened  to  appeal,  from  his 
decision  to  that  of  Jhe  American  people. 

Wearied,  at  last,  with  the  conduct  of  the  French  minister,  his 
insulting  language,  his  outrage  upon  the  laws,  his  assumption 
of  the  sovereignty  of  the  country,  and  his  threats  of  appealing 
from  the  government  to  the  people  ;  the  president  came  to  the 
resolution  of  soliciting  his  recall.  On  the  16th  of  August,  Mr.  Mor- 
riss,  the  American  minister  in  France,  was  requested  to  commu 
nicate  these  wishes  of  the  president  to  the  French  government. 

In  a  letter  to  Mr.  Morriss,  the  president  presented  a  detailed 
account  of  the  conduct  of  the  minister,  and  directed  him  imme 
diately  to  lay  the  same  before  the  French  government.  After 
stating  that  Mr.  Genet  had  acted  as  co-sovereign  of  the  country, 
had  armed  vessels,  levied  men,  given  commissions  of  war,  inde 
pendent  of  the  government  and  in  opposition  to  its  orders  and 
efforts,  and  had  endeavored  to  excite  discord  and  distrust  between 
the  American  people  and  their  government,  and  between  the 
two  nations  ;  the  president  concluded  by  saying,  "  that  his  gov 
ernment  would  see  that  the  case  was  pressing.  That  it  was 
impossible  for  two  sovereign  and  independent  authorities  to  be 
going  on,  within  one  territory,  at  the  same  time,  without  col 
lision.  They  will  perceive,  that  if  Mr.  Genet  perseveres  in  his 
proceedings,  the  consequences  would  be  too  hazardous  to  us,  the 
example  so  humiliating  and  pernicious,  that  he  might  be  forced 
even  to  suspend  his  functions,  before  a  successor  could  arrive  ta 
continue  them.  If  our  citizens,"  he  said,  "  had  not  already  been 
shedding  each  other's  blood,  it  was  not  owing  to  the  moderation 
ef  Mr.  Genet,  but  to  the  forbearance  of  the  government.  That  it 


376  POLITICAL  AND  CIVIL  HISTORY 

was  well  known,  that  if  the  authority  of  the  laws  had  been  resort 
ed  to,  to  stop  the  Little  Democrat,  its  officers  and  agents  were  to 
have  been  resisted  by  the  crew  of  the  vessel,  consisting  partly  of 
American  citizens."*  A  copy  of  this  letter  was  immediately 
communicated  to  Mr.  Genet,  and  called  from  him  a  reply  dated 
September  16th,  but  which  did  not  reach  the  president  until  De 
cember  following.  The  history  of  diplomacy,  it  is  believed,  may 
be  searched  in  vain,  for  a  more  insulting  and  insolent  communica 
tion,  from  a  foreign  agent  to  the  government  to  which  he  was 
accredited.  After  accusing  the  president  of  assuming  the  exer 
cise  of  powers  not  belonging  to  him,  of  bending  treaties  to  cir 
cumstances  and  of  changing  their  sense,  of  preparing  accusations 
against  the  American  people,  rather  than  against  him  ;  after  de 
claring  that  the  conduct  attributed  to  him  was  that  of  gratitude 
against  ingratitude,  of  truth  against  error,  he  demanded,  "  as  an 
act  of  justice,  which  the  American  people,  which  the  French 
people,  which  all  free  people  are  interested  to  reclaim,  that  there 
be  made  a  particular  inquiry,  in  the  next  session  of  congress,  of 
the  motives,  on  which  the  head  of  the  executive  power  of  the 
United  States  has  taken  on  himself  to  demand  the  recall  of  a 
public  minister,  whom  the  sovereign  people  of  the  United  States 
had  received  fraternally,  and  recognized,  before  the  diplomatic 
forms  had  been  fulfilled,  with  respect  to  him,  at  Philadelphia.  It 
is  in  the  name  of  the  French  people,"  he  added,  "  that  I  am  sent 
to  their  brethren — to  free  and  sovereign  men  ;  it  is,  then,  for  the 
representatives  of  the  American  people,  and  not  for  a  single  man, 
to  exhibit  against  me  an  act  of  accusation,  if  I  have  merited  it. 
A  despot  may  singly  permit  himself  to  demand  from  another  des 
pot,  the  recall  of  his  representative,  and  to  order  his  expulsion  in 
case  of  refusal."  He  also  charged  him  with  issuing  "  premature 
proclamations,"  with  "a  partial  impartiality,"  which  soured  his 
friends,  without  satisfying  his  enemies ;  and  in  conclusion,  he 
emlmerated  many  executive  acts,  at  which  he  had  been  extremely 
wounded,  some  of  which  were,  indeed,  of  an  extraordinary  and 
ridiculous  nature.  He  complained,  that  the  president  was  in  a 

*  American  State  Papers,  vol.  1,  p.  155. 


OF  THE  UNITED  STATES.  377 

hurry,  before  knowing  what  he  had  to  transmit  to  him,  to  pro 
claim  sentiments,  over  which  decency  and  friendship  should  at 
least  have  drawn  a  veil — that  he  decorated  his  parlor  with  medal 
lions  of  Capet  and  his  family — that  American  citizens,  who  had 
Tanged  themselves  under  the  banners  of  France,  by  his  instruc 
tions,  had  been  prosecuted  and  arrested,  and  that,  in  spite  of 
"  respectful  insinuations,  he  had  deferred  to  convoke  congress 
immediately,  in  order  to  take  the  true  sentiments  of  the  people, 
to  fix  the  political  system  of  the  United  States,  and  to  decide, 
whether  they  would  break,  suspend  or  tighten  their  cords  with 
France." 

The  French  minister,  however,  still  continued  to  exercise  the 
highest  acts  of  sovereignty,  within  the  United  States.  Not  con 
tent  with  arming  vessels  in  our  ports,  and  manning  them  with 
American  citizens,  to  cruise  against  nations  at  peace  with  their 
country,  he,  in  the  latter  part  of  the  year,  projected  an  hostile 
expedition  from  South  Carolina  and  Georgia,  against  the  Flor- 
idas.  To  carry  this  project  into  effect,  he  secretly  issued  com 
missions  to  several  citizens  of  Soutji  Carolina,  with  instructions 
to  raise,  organize,  train  and  conduct  troops  within  the  United 
States,  with  the  avowed  object  to  proceed,  with  hostile  intentions, 
against  the  Spanish  dominions.  Several  persons  in  South  Caro 
lina  received  these  commissions,  and  proceeded  to  enlist  men  in 
that  state  under  them.  To  induce  enlistments,  not  only  the  pay, 
rations,  and  clothing  were  stated,  but  a  share  of  the  conquests, 
was  allotted  to  the  officers  and  men  who  should  engage.  The 
whole  was  to  be  conducted  with  the  utmost  secrecy ;  small  par 
ties  were  to  assemble  on  the  shores  near  Charleston  or  elsewhere, 
and  a  French  fleet  was  to  take  and  convey  them  to  the  place 
of  their  destination.  A  rumor  of  these  proceedings  having  reach 
ed  the  legislature  of  South  Carolina  while  in  session,  an  inquiry 
was  instituted  before  a  committee  of  the  house  of  representa 
tives.  This  committee  found  the  facts  above  stated,  and  re 
ported  the  same  to  the  legislature,  with  the  names  of-several  citi 
zens  who  had  actually  received  commissions  from  the  French 
minister.  This  report  was  accepted  by  the  legislature,  and  the 

VOL.  II.  48* 


373  POLITICAL  AND  CIVIL  HISTORY 

governor  requested  to  issue  a  proclamation,  prohibiting  all  as 
semblages  of  troops,  unauthorized  by  government,  and  to  exert 
the  whole  force  of  the  state,  if  necessary,  to  enforce  obedience  to 
his  commands. 

They  also  recommended,  that  prosecutions  be  commenced 
against  the  persons  named  in  the  report.  The  governor,  on  the 
9th  of  December,  issued  a  proclamation,  and  prosecutions  were 
instituted  against  those  principally  concerned. 

The  proceedings  of  the  legislature  of  South  Carolina,  were 
immediately  forwarded  to  the  president.  As  soon  as  the  French 
minister  heard  of  them,  he  addressed  a  note  to  the  secretary  of 
state,  in  which  he  declared,  that  he  had  not  "  authorized,  in 
any  manner,  the  recruiting,  the  formation,  or  the  collecting  of 
an  armed  force,  or  of  any  corps,  in  the  territory  of  the  United 
States  ;  but,  at  the  same  time,"  he  added,  "  I  am  too  frank  to 
disguise  from  you,  that,  authorized  by  the  French  nation,  to  de 
liver  commissions  to  those  of  your  fellow  citizens  who  should 
feel  themselves  animated  with  a  desire  of  serving  the  best  of 
causes,  I  have  granted  them  to  several  brave  republicans  of  South 
Carolina,  whose  intention  appeared  to  me  to  be  to  expatriate 
themselves,  and  to  go  among  the  independent  tribes,  ancient 
friends  and  allies  of  France,  in  order  to  retaliate,  if  they  could, 
in  concert  with  us,  on  the  Spanish  and  English,  the  injury  which 
the  government  of  these  two  nations  had  the  baseness  to  commit 
on  your  fellow  citizens,  under  the  name  of  those  savages,  in  like 
manner  as  is  lately  done  under  that  of  the  Algerines." 

As  those  who  should  engage  in  this  enterprize  were  to  assem 
ble,  in  small  parties,  along  the  coast,  and  be  taken  on  board  of 
vessels,  the  French  minister,  it  seems,  did  not  consider  this  as  re 
cruiting,  forming,  or  collecting  an  armed  force,  in  the  territory 
of  the  United  States. 

The  reasons  avowed  for  his  conduct  are,  indeed,  very  extraor 
dinary,  as  well  as  inconsistent.  The  persons  to  whom  he  gave 
commissions,  were  to  expatriate  themselves,  and  yet  they  were 
only  to  go  among  certain  Indian  tribes  ;  and  for  what  purpose  ? 
Not  to  aid  or  avenge  the  cause  of  France,  but  to  retaliate  upon 


OF  THE  UNITED  STATES.  379 

the  Spaniards  and  English,  the  injuries  committed  by  their  gov 
ernment  upon  American  citizens,  under  the  name  of  those  sava 
ges  ;  and  this  was  to  be  done  in  concert  with  France.  The  real 
object  was,  by  the  aid  of  American  citizens,  to  wrest  by  force,  the 
Floridas  from  the  Spaniards,  against  whom  the  American  gov 
ernment  had,  indeed,  just  cause  of  complaint,  for  their  intrigues 
with  the  Indians  on  the  southern  borders. 

The  French  minister  projected  also  an  hostile  expedition  against 
New  Orleans  and  Louisiana  from  the  state  of  Kentucky.  This 
was  put  in  a  train  of  execution  in  a  more  bold  and  daring  manner, 
than  the  enterprise  against  the  Floridas  from  South  Carolina  and 
Georgia.  Genet  soon  became  acquainted  with  the  views  and 
feelings  of  the  people  of  the  west,  concerning  the  navigation  of 
the  Mississippi,  as  well  as  their  suspicions,  that  the  general  gov 
ernment  had  neglected  to  urge  this  subject  with  Spain  in  a  man 
ner  its  importance  demanded. 

Taking  advantage  of  these  feelings,  as  well  as  the  opposition 
of  the  people  to  the  general  government,  as  early  as  August, 
1793,  he  formed  a  plan  of  an  expedition  from  the  west,  against 
the  Spanish  possessions  at  the  mouth  of  the  Mississippi. 

The  president,  apprized  of  this,  on  the  29th  of  August  gave 
information  to  the  governor  of  Kentucky  that  measures  were 
then  taking  in  Philadelphia,  to  excite  the  inhabitants  of  that  state, 
to  join  in  the  enterprize.  And  the  governor  was  desired  to  attend 
particularly  to  any  such  attempts  among  the  citizens  of  that  state, 
and  to  put  them  on  their  guard  against  the  consequences  of  com 
mitting  acts  of  hostility  against  nations  at  peace  with  the  United 
States,  and  to  take  all  legal  measures  necessary  to  prevent  them. 
Democratic  societies  were  about  the  same  time  formed  in  Ken 
tucky,  and  the  subject  of  the  navigation  of  the  Mississippi  claimed 
their  attention. 

In  October,  1793,  the  society  at  Lexington  declared,  "That 
the  right  of  the  people  on  the  waters  of  the  Mississippi  to  the 
navigation,  was  undoubted  ;  and  that  it  ought  to  be  peremptorily 
demanded  of  Spain,  by  the  government  of  the  United  States/' 


380  POLITICAL  AND  CIVIL  HISTORY 

Other  publications  appeared  about  the  same  time,  calculated 
to  inflame  the  people  at  the  west,  on  a  subject  in  which  they  felt 
so  deep  an  interest. 

In  this  state  of  public  sentiment,  the  French  minister,  about  the 
first  of  November,  sent  four  persons  to  Kentucky,  by  the  names 
of  La  Chaise,  Charles  Depeau,  Mathurin  and  Gignoux,  with  or 
ders  to  engage  men  in  an  expedition  against  New  Orleans  and 
the  Spanish  possessions ;  and  for  this  purpose  they  carried  with 
them  blank  commissions.  The  governor  of  Kentucky  was  again 
informed  of  these  movements  by  the  secretary  of  state,  in  a  letter 
of  the  6th  of  November,  and  was  furnished  not  only  with  the 
names  of  the  persons  then  on  their  way,  but  a  particular  descrip 
tion  of  them — and  he  was  requested  to  prevent  any  such  enter 
prise  from  that  state,  and  if  necessary,  to  employ  the  militia  for 
that  purpose.  These  emissaries  arrived  in  Kentucky  about 
the  last  of  November,  and  found  not  only  many  of  the  people 
of  that  state  ready  to  engage  in  the  expedition,  but  the  gov 
ernor  himself  disposed,  if  not  to  countenance,  at  least  to  con 
nive  at  it.  Aware,  no  doubt,  of  this  disposition,  two  of  these 
Frenchmen,  La  Chaise  and  Depeau,  on  the  25th  of  November, 
addressed  notes  to  the  governor  himself. 

Depeau  informed  him  that  he  had  been  despatched  by  the 
French  ambassador,  in  company  with  other  Frenchmen  to  join 
the  expedition  of  the  Mississippi— but  as  strange  reports  had 
reached  him,  that  his  excellency  had  orders  to  arrest  all  who 
might  incline  to  assist  them,  he  wished  to  be  satisfied  on  the  sub 
ject.* 

*  The  following  is  the  extraordinary  letter  of  Depeau,  as  found  in  H.  Marshall's  his 
tory  of  Kentucky. 

"  Citizen  governor— It  may  appear  quite  strange  to  write  to  you  on  a  subject  ia 
which,  although  it  is  of  some  consequence. 

«  With  confidence  from  the  French  ambassador,  I  have  been  despatched  in  compa 
ny  with  more  Frenchmen  to  join  the  expedition  of  the  Mississippi. 

«  As  I  am  to  procure  the  provision,  I  am  happy  to  communicate  to  you,  whatever 
you  shall  think  worthy  of  my  notice,  or  in  which  your  advice  may  be  of  use  to  me,  as 
I  hope  I  have  no  way  disobliged  you  ;  if  I  have,  I  will  most  willingly  ask  your  par 
don.  For  nobody  can  be  more  than  I  am  willing  for  your  prosperity  and  happiness. 


OF  THE  UNITED  STATES.  381 

The  answer  of  the  governor  to  Depeau's  letter,  three  days  after, 
was  as  extraordinary  as  the  letter  itself. 

He  informed  the  agent  of  the  French  minister,  of  the  "  charge" 
he  had  received  from  the  secretary  of  state,  in  the  month  of  Au 
gust  preceding,  in  nearly  the  very  words  of  the  secretary  himself, 
and  he  only  added,  "  to  which  charge  I  must  pay  that  attention 
which  my  present  situation  obliges  me" 

This  answer,  no  doubt,  satisfied  the  French  emissaries, 
and  others  who  saw  it,  they  had  nothing  to  fear  from  the 
governor  of  Kentucky.  The  project  which  now  began  to  be 
developed,  was,  to  raise  two  thousand  men,  under  French  author 
ity  ;  and  for  this  purpose,  French  commissions  were  distributed 
and  received  among  the  citizens  of  that  state.  George  Rogers 
Clark,  who  had  been  a  revolutionary  officer,  agreed  to  command 
the  expedition,  and  issued  proposals  for  raising  troops.  In  these  he 
styled  himself,  "  major  general  in  the  armies  of  France,  and  com 
mander  in  chief  of  the  revolutionary  legions  on  the  Mississipiri." 

The  proposals  were,  "  for  raising  volunteers  for  the  reduction 
of  the  Spanish  posts  on  the  Mississippi,  for  opening  the  trade  of 
that  river,  and  giving  freedom  to  its  inhabitants,  &c." 

The  pay  and  the  share  of  plunder  was  also  settled.  All  who  serv 
ed  in  the  expedition  were  entitled  to  one  thousand  acres  of  land — 
those  who  would  engage  for  one  year,  to  have  two  thousand — and 
those  who  served  two  years,  or  during  the  war  with  France,  were 
to  have  three  thousand  acres  of  any  unappropriated  lands  that 
might  be  conquered — the  officers  in  proportion,  and  pay  as  other 
French  troops.  All  plunder  to  be  divided  according  to  the  cus- 

"  As  some  strange  reports  has  reached  my  ears,  that  your  excellence  has  positive 
orders  to  arrest  all  citizens  inclining  to  our  assistance,  and  as  my  remembrance  know 
by  your  conduct,  in  justice  you  will  satisfy  me  in  this  uncommon  request. 

"  Please  let  me  know,  as  I  shall  not  make  my  supply  till  your  excellence  please  to 
honor  me  with  a  small  answer. 

"  I  am  your  well  wisher  in  remaining  for  the  French  ftiuse,  a  true  citizen  demo 
crat.  CHARLE  DEPEAU. 

"  Postcript. — Please  to  participate  some  of  these  handbills,  to  that  noble  society 
of  democrats  ;  I  also  enclose  a  paper  from  Pittsburgh."— H.  Marshall's  History  of 
Kentucky,  vol.  2,  p.  100. 


382  POLITICAL  AND  CIVIL  HISTORY 

torn  of  war.  Those  who  preferred  money  to  land,  were  to  receive 
one  dollar  per  day.* 

Governor  Shelby,  in  his  answer  to  the  letter  of  the  secretary  of 
state  of  the  29th  of  August,  dated  the  5th  of  October,  referring 
to  the  supposed  enterprise  from  Kentucky,  says,  "  I  think  it  my 
duty  to  take  this  early  opportunity  to  assure  you,  that  I  shall  be 
particularly  attentive  to  prevent  any  attempts  of  that  nature  from 
this  country.  I  am  well  persuaded,  at  present,  none  such  is  in 
contemplation  in  this  state.  The  citizens  of  Kentucky  possess 
too  just  a  sense  of  the  obligations  they  owe  the  general  govern 
ment,  to  embark  in  any  enterprise  that  would  be  so  injurious  to 
the  United  States."  After  these  assurances  of  co-operation,  what 
must  have  been  the  surprise  of  the  president,  on  receiving  the  fol 
lowing  letter  from  the  same  governor,  dated  the  13th  of  January, 
1794.  "  After  the  date  of  my  last  letter  to  you,"  he  says  to  the 
secretary  of  state,  "  I  received  information  that  a  commission  had 
been  sent  to  general  Clarke,  with  powers  to  name  and  commis 
sion  other  officers,  and  to  raise  a  body  of  men  ;  no  steps  having 
been  taken  by  him,  (as  far  as  come  to  my  knowledge,)  to  carry 
this  plan  into  execution,  I  did  not  conceive  it  was  either  proper 
or  necessary  for  me  to  do  any  thing  in  the  business. 

"  Two  Frenchmen,  La  Chaise  and  Depeau,  have  lately  come 
into  this  state  ;  I  am  told  they  declare  publicly,  they  are  in  daily 
expectation  of  receiving  a  supply  of  money,  and  that  as  soon  as 
they  do  receive  it,  they  shall  raise  a  body  of  men  and  proceed 
with  them  down  the  river.  Whether  they  have  any  sufficient 
reason  to  expect  to  get  a  supply,  or  any  serious  intention  of  apply 
ing  it  in  that  manner,  if  they  do  receive  it,  lean  form  no  opinion.''' 
After  requesting  the  president  to  give  him  full  and  explicit  direc 
tions  as  to  the  steps  he  wished  taken,  to  prevent  the  contemplated 
expedition,  he  added,  "  I  have  great  doubts,  even  if  they  do  at 
tempt  to  carry  their  plan  into  execution,  (provided  they  manage 
their  business  with  prudence,)  whether  there  is  any  legal  authori 
ty  to  restrain  or  punish  them,  at  least  before  they  have  actually 

*  H.  Marshall's  History  of  Kentucky,  vol.  2,  pp.  100,  102,  and  103. 


OF  THE  UNITED  STATES.  383 

accomplished  it.  For  if  it  is  lawful  for  any  one  citizen  of  this 
state  to  leave  it,  it  is  equally  so  for  any  number  of  them  to  do  it. 
It  is  also  lawful  for  them  to  carry  with  them  any  quantity  of  pro 
visions,  arms,  and  ammunition  ;  and  if  the  act  is  lawful  in  itself, 
there  is  nothing  but  the  particular  intention  with  which  it  is  done 
that  can  possibly  make  it  unlawful  ;  but  I  know  of  no  law  which 
inflicts  a  punishment  on  intention  only,  or  any  criterion  by  which 
to  decide  what  would  be  sufficient  evidence  of  that  intention,  if  it 
was  a  proper  subject  of  legal  censure. 

"  I  shall  upon  all  occasions,  be  averse  to  the  exercise  of  any 
power  which  I  do  not  consider  myself  as  being  clearly  and  expli 
citly  invested  with,  much  less  would  I  assume  a  power  to  exercise 
it  against  men  who  I  consider  as  friends  and  brethren,  in  favor  of 
a  man  who  I  view  as  an  enemy  and  a  tyrant.  I  shall  also  feel 
but  little  inclination  to  take  an  active  part  in  punishing  or  re 
straining  any  of  my  fellow  citizens  for  a  supposed  intention  only, 
to  gratify  or  remove  the  fears  of  the  minister  of  a  prince,  who 
openly  withholds  from  us,  an  invaluable  right,  and  who  secretly 
instigates  against  us  a  most  savage  and  cruel  enemy. 

"  But  whatever  may  be  my  private  opinion  as  a  man,  as  a 
friend  to  liberty,  an  American  citizen,  and  an  inhabitant  of  the 
western  waters,  I  shall  at  all  times  hold  it  as  my  duty  to  perform 
whatever  may  be  constitutionally  required  of  me  as  governor  of 
Kentucky,  by  the  president  of  the  United  States."* 

This  letter  precluded  ail  expectation  of  aid  against  the  medi 
tated  hostile  expedition,  from  the  state  authorities  of  Kentucky. 
The  president,  therefore,  on  the  24th  of  March,  1794,  issued  his 
own  proclamation,  apprizing  the  people  at  the  west  of  the  unlaw 
ful  project,  ioid  warning  them  of  the  consequences  of  engaging 
in  ;t.  He,  about  the  same  time,  directed  general  Wayne  to  es 
tablish  a  strong  military  post  at  fort  Massac,  on  the  Ohio,  and 
gave  him  orders  to  prevent  by  force,  if  necessary,  all  hostile  move 
ments  down  that  river.  Soon  after  these  orders  were  known,  an 
address,  "  to  the  inhabitants  of  western  America,"  supposed  to 

*  American  State  Papers,  vol.  2,  pp.  37,  39,  40. 


334  POLITICAL  AND  CIVIL  HISTORY 

have  originated  from  one  of  the  democratic  societies,  appeared  iii 
the  gazettes,  in  which  the  people  at  the  west,  were  told  that  "  the 
time  is  come  when  we  ought  to  relinquish  our  claim  to  those  bles 
sings,  proffered  to  us  by  nature,  or  endeavor  to  obtain  them  at  every 
hazard.  The  principles  of  our  confederation  have  been  totally 
perverted  by  our  Atlantic  brethren.  It  is  a  fact  incontestable, 
that  they  have  endeavored  to  deprive  us  of  all  that  can  be  import 
ant  to  us  as  a  people. 

"  To  you  then,  inhabitants  of  the  west !  is  reserved  the  display 
of  those  virtues,  once  the  pride  and  boast  of  America,  uncontam- 
inated  with  Atlantic  luxury — beyond  the  reach  of  European  in 
fluence,  the  pampered  vultures  of  commercial  countries  have  not 
found  access  to  your  retreat.  A  noble  and  just  occasion  presents 
itself  to  assert  your  rights  ;  and  with  your  own,  perhaps  establish 
those  of  thousands  of  your  fellow  mortals. 

"  Reflect  that  you  may  be  the  glorious  instruments  in  the  hands 
of  Providence,  of  relieving  from  the  galling  chains  of  slavery, 
your  brethren  of  Louisiana." 

The  author  of  this  address,  alluding  to  the  proclamation  of  the 
president,  and  his  orders  to  general  Wayne,  says,  "  before  I  close 
this  address,  I  cannot  but  observe  with  what  indignation  must  the 
citizens  of  Kentucky  view  the  conduct  of  the  general  govern 
ment,  towards  them  in  particular.  In  answer  to  their  decent  and 
spirited  exertions,  they  receive,  instead  of  assurances  of  relief 
from  oppression,  denunciations  from  the  executive  ;  and  are  held 
up  to  public  view,  as  the  disturbers  of  the  peace  of  America. 
And  a  miserable  fragment  of  the  mighty  legions  of  the  United 
States,  is  destined  to  awe  the  hosts  of  freemen  who  seek  but  their 
right."* 

Previous  to  this  address,  the  president  had  informed  the  gov 
ernor  of  Kentucky,  that  negociations  with  Spain  were  pending, 
and  that  every  exertion  was  making  to  bring  them  to  a  close,  and 
to  secure  the  free  navigation  of  the  Mississippi.  This  extraordi 
nary  enterprise  was  not  finally  relinquished,  until  it  was  disavow- 

*  H.  Marshall's  History  of  Kentucky,  vol.  2,  pp.  118, 119. 


OF  THE  UNITED  STATES.  335 

ed  by  the  successor  of  Genet,  and  the  French  commissions  were 
recalled. 

This  reiterated  violation  of  the  national  sovereignty,  by  a  for 
eign  minister,  was  no  longer  to  be  endured.  The  proceedings  of 
the  legislature  of  South  Carolina,  were  laid  before  congress  by 
the  president,  on  the  15th  of  January,  1794;  and  he  soon  after, 
determined  to  hold  no  further  intercourse  with  Mr.  Genet,  and 
had  prepared  a  message  to  congress  on  the  subject.  The  news 
of  his  recall  prevented  the  necessity  of  presenting  it. 

The  president  had  not  only  to  suffer  the  mortification  of  seeing 
himself  thus  insulted,  the  authority  of  the  laws  outraged,  and  the 
government  of  his  country  usurped  by  a  foreign  minister ;  but 
also  to  endure  the  painful  reflection,  that  this  conduct  was  en 
couraged  and  supported  by  many  of  his  fellow  citizens. 

The  manner  in  which  the  new  minister  of  the  French  republic 
was  received  at  Charleston,  and  on  his  way  to  the  seat  of  gov 
ernment,  manifested  the  deep  interest  felt  by  the  American  peo 
ple  in  the  cause  of  France.  On  his  first  arrival  at  Philadelphia, 
and  even  before  he  was  presented  to  the  president,  or  acknowl 
edged  as  a  public  minister,  he  received  a  congratulatory  address 
from  a  number  of  the  inhabitants  of  that  city,  previously  pre 
pared  by  a  committee  appointed  for  that  purpose,  and  to  which 
he  returned  an  answer. 

From  these  manifestations  in  favor  of  the  French  cause,  Mr. 
Genet  believed  the  American  people  were  ready  to  make  com 
mon  cause  with  the  republic. 

Situated  as  the  United  States  were  at  that  period,  with  a  gov 
ernment  new,  untried,  and  powerfully  opposed,  without  a  single 
ship  of  war,  burdened  with  debt,  embarrassed  with  serious  dis 
putes  with  two  of  the  most  powerful  European  nations,  and  har- 
rassed  with  an  Indian  war,  it  would  seem  impossible  for  any  one 
even  to  doubt  the  wisdom  and  policy  of  the  measures  adopted  by 
the  president  and  his  cabinet.  Yet  soon  after  the  proclamation 
appeared,  not  only  its  justice  and  policy  was  disputed,  but  the 
power  of  the  president  to  issue  it  denied. 

VOL.  II.  49 


386  POLITICAL  AND  CIVIL  HISTORY 

The  prejudices  of  the  people  against  Great  Britain,  arising 
from  recent  as  well  as  ancient  causes  of  controversy,  and  their 
partialities  in  favor  of  France,  were  made  subservient  to  the  views 
of  the  leaders  of  the  opposition,  and  brought  to  bear  against  the 
administration  of  the  general  government.  And  though  few 
would  openly  declare  that  the  United  States  ought  to  make  com 
mon  cause  with  the  new  republic,  yet  many  openly  took  part  with 
the  French  minister  against  their  own  government,  and  advocated 
measures,  which,  if  adopted,  would  necessarily  bring  them  in  col 
lision  with  the  enemies  of  France.  While  the  president  was 
using  all  the  means  in  his  power  to  preserve  his  country  from 
the  calamities  of  war,  he  was  accused  of  particular  friendship  for 
Great  Britain,  and  of  hostility  to  France,  of  favoring  the  one  at 
the  expense  of  the  other ;  nay,  was  charged  with  an  intention  of 
joining  the  coalition  against  France. 

The  following  extracts  from  two  of  the  leading  and  most  influ 
ential  opposition  newspapers  of  the  day,  will  serve,  among  others 
of  a  similar  character,  to  shew  the  spirit  which  prevailed  against 
the  father  of  his  country. 

As  early  as  July,  1793,  the  National  Gazette,  printed  at  the 
seat  of  government,  and  edited  by  one  of  the  clerks  in  the  depart 
ment  of  state,  had  the  following  paragraph — "  The  minister  of 
France,  I  hope,  will  act  with  firmness  and  with  spirit.  The  peo 
ple  are  his  friends,  or  the  friends  of  France,  and  he  will  have 
nothing  to  apprehend ;  for  as  yet,  the  people  are  sovereign  of  the 
United  States.  Too  much  complacency  is  an  injury  done  his 
cause,  for  as  every  advantage  is  already  taken  of  France,  (not  by 
the  people)  further  condescension  may  lead  to  further  abuse.  If 
one  of  the  leading  features  of  our  government  is  pusillanimity, 
when  the  British  lion  shows  his  teeth,  let  France  and  her  minister 
act  as  becomes  the  dignity  and  justice  of  their  cause,  and  the 
honor  and  faith  of  nations." 

"  It  is  no  longer  possible  to  doubt,"  said  the  General  Adver 
tiser,  also  published  at  Philadelphia,  "  that  the  intention  of  the 
executive  of  the  United  States  is,  to  look  upon  the  treaty  of  amity 
and  commerce  which  exists  between  France  and  America,  as  a 


OF  THE  UNITED  STATES.  337 

nullity ;  and  that  they  are  prepared  to  join  the  league  of  kings 
against  France." 

Societies,  in  imitation  of  the  Jacobin  clubs  in  Paris,  were 
formed  in  different  parts  of  the  United  States,  (no  doubt  by  the 
direction  and  advice  of  Mr.  Genet,)  styled  democratic  societies, 
ostensibly  for  the  purpose  of  securing  liberty,  but  really,  with  a 
view  more  effectually  to  oppose  the  measures  of  the  administra 
tion,  and  to  promote  the  views  of  the  French  minister.  The  acts 
and  proceedings  of  these  societies  breathed  a  spirit  of  hostility 
against  the  president,  and  were  calculated  to  destroy  all  regular 
government. 

No  circumstances  were  left  unattended  to  on  the  part  of  the 
French  republic,  or  its  minister,  to  engage  the  people  in  their 
favor.  Their  interest,  their  pride,  their  prejudices,  their  sense 
of  gratitude  for  past  services,  and  their  natural  sympathies 
towards  a  nation  struggling  for  liberty,  were  all  addressed. 

The  French  frigate,  which  brought  Genet  to  this  country,  was 
an  object  of  curiosity,  as  she  entered  the  American  ports,  and 
the  inscriptions  on  her  masts,  proclaimed  the  principles  by  which 
the  republic  professed  to  be  governed,  and  were  calculated  to 
catch  the  attention  and  interest  the  feelings  of  the  numerous 
spectators,  who  daily  crowded  her  decks.* 

The  conduct,  however,  of  the  French  minister  towards  the 
chief  magistrate,  the  unparalleled  atrocities  committed  by  the 
rival  factions  in  France,  and  the  beheading  of  the  king  and  queen, 
who  had  been  considered  the  greatest  benefactors  of  America  in 
the  war  of  the  revolution,  at  length  greatly  weakened  the  cause  of 
the  French  republic,  in  the  minds  of  the  dispassionate  and  consid 
erate  portion  of  the  American  people.  In  August  a  rumor  was  in 
circulation  in  New  York,  that  Mr.  Genet,  dissatisfied  with  the  de 
cision  of  the  president,  on  some  important  question,  had  threat 
ened  to  appeal  to  the  people.  This  being  denied,  Mr.  Jay  and 
Mr.  King,  who  had  then  just  returned  from  Philadelphia,  were 

*  On  the  fore  mast  was  inscribed, — Enemies  of  equality,  change  or  tremble, 
On  the  main  mast, — Free  people,  you  see  in  us,  brothers  and  friends. 
On  the  naizen  mast, —  We  are  armed  to  support  the  rights  of  man. 


388  POLITICAL  AND  CIVIL  HISTORY 

called  upon  for  information.     They  gave  a  certificate  under  their 
hands,  which  was  immediately  published,  that  the  same  was  true. 

These  proceedings  drew  from  Mr.  Genet  a  letter,  addressed  to 
the  president  himself,  in  which,  calling  these  rumors  "  dark  calum 
nies,"  which  he  wished  to  dissipate,  he  requested  from  him  the 
following  explicit  declaration,  "  that  I  have  never  intimated  to- 
you  an  intention  of  appealing  to  the  people  ;  that  it  is  not  true, 
that  a  difference  of  opinion  in  political  sentiments,  has  ever  be 
trayed  me  to  forget  what  was  due  to  your  character,  or  to  the 
exalted  reputation  you  have  acquired,  by  humbling  a  tyrant, 
against  whom  you  have  fought,  in  the  cause  of  liberty."  "  To  you 
alone,"  he  added,  in  the  same  letter,  "through  the  secretary  of 
state,  have  I  declared,  that  the  federal  government,  far  from  man 
ifesting  any  regard  for  our  generous  conduct  towards  this  coun 
try — for  the  new  advantages  which  are  offering  to  her  commerce 
— or  for  the  reiterated  demonstrations  of  our  real  and  disinterested 
friendship,  were  sacrificing  our  interests  to  those  of  our  enemies, 
by  their  interpretation  of  the  treaties  which  exist  between  us. 
To  you  I  have  represented,  without  reserve,  that  this  conduct 
did  not  appear  to  correspond  with  the  views  of  the  people  of 
America,  with  their  desire  to  observe,  with  fidelity,  their  public 
engagements,  or  with  their  affectionate  regard  for  the  cause  of 
liberty,  upon  which  their  very  existence  depend."  In  answer  to 
this  communication,  the  secretary  of  state  was  directed  to  inform 
Mr.  Genet,  that  no  direct  correspondence  took  place  between 
the  president  and  foreign  ministers.  He  was  directed  also  to  add, 
"  The  president  does  not  conceive  it  to  be  within  the  line  of  pro 
priety  or  duty  for  him  to  bear  evidence  against  a  declaration, 
which,  whether  made  to  him,  or  others,  is  perhaps  immaterial,  he 
therefore,  declines  interfering  in  the  case." 

The  certificate  given  by  Mr.  Jay  and  Mr.  King,  drew  upon 
them  the  indignation  of  the  French  minister  and  his  adherents. 
Pretending  still  to  deny  the  charge,  Genet  requested  of  the 
president,  that  prosecutiont  be  instituted  against  the  authors  of 
it.  This  subject,  for  form's  sake,  probably,  was  referred  to 
the  attorney  general.  Mr.  Jay  and  Mr.  King,  conceiving  their 


OF  THE  UNITED  STATES.  389 

characters  for  veracity  to  be  indirectly  called  in  question,  held 
a  correspondence  and  conference  with  the  president ;  and  they 
were  furnished  with  a  copy  of  a  report  made  to  him,  by  the 
secretary  of  state,  in  the  affair  of  the  vessel  called  the  Little 
Democrat  ;  in  which  it  was  particularly  stated,  that  such  a  threat 
had  been  made  by  the  French  minister.  The  publication  of 
Mr.  Genet's  letter  to  the  president,  and  the  answer  of  the  sec 
retary,  disclosed  distinctly  to  the  American  people,  that  a  serious 
misunderstanding  existed  between  the  American  executive  and 
the  French  minister  ;  and  they  were  perfectly  satisfied,  that  if  this 
threat  had  not  been  made  to  the  president  himself,  it  was  made 
to  others.  The  great  mass  of  American  citizens  were  indignant 
at  this  attempt,  on  the  part  of  a  foreign  minister,  to  separate 
them  from  the  government  and  rulers  of  their  choice,  particularly 
from  their  chief  magistrate,  in  whom  they  placed  the  highest 
confidence. 

Meetings  of  the  citizens  were  held  in  different  parts  of  the 
union,  and  resolutions  passed,  expressing  an  entire  approbation 
of  the  proclamation  and  of  the  measures  taken  by  the  executive 
to  preserve  their  country  in  peace. 

The  president  himself  always  remained  satisfied  with  the  pro 
priety  and  policy  of  this  great  and  important  measure  of  his 
administration. 

In  his  farewell  address  to  the  American  people  on  retiring  from 
office,  he  expressed  his  most  unqualified  approbation  of  it.  "  In 
relation  to  the  still  subsisting  war  in  Europe,"  he  said,  "  my 
proclamation  of  the  22d  of  April,  1793,  is  the  index  to  my  plan. 
Sanctioned  by  your  approving  voice,  and  by  that  of  your  repre 
sentatives  in  both  houses  of  congress,  the  spirit  of  that  measure 
has  continually  governed  me  ;  uninfluenced  by  any  attempts  to 
deter  me  from  it." 


CHAPTER  XXII. 

Political  relations  with  Great  Britain  under  the  new  government — The  president  in 
formally  sounds  the  British  government  relative  to  the  inexecution  of  the  treaty, 
and  a  commercial  intercourse — Discriminating  duties  in  the  United  States  claim 
the  attention  of  the  British  ministry — Referred  to  the  committee  of  trade  and  plan 
tations  in  September,  1789 — Report  of  the  committee  on  this  subject,  and  also  with 
regard  to  the  terms  of  a  commercial  treaty  with  the  United  States — West  India 
trade  not  to  be  open  to  the  Americans,  nor  the  principle  admitted  that  free  ships 
should  make  free  goods — English  minister  arrives  in  the  United  States — Enters  into 
discussion  with  the  secretary  of  state,  on  the  subject  of  the  treaty — This  discussion 
broken  off,  by  the  new  state  of  things  in  Europe — British  orders  of  June  8th,  1793, 
relative  to  certain  articles  of  provisions  destined  to  France — American  government 
remonstrates  against  these  orders — Treaties  between  Great  Britain  and  Russia,  and 
other  powers  on  this  subject — Similar  orders  issued  by  Russia  and  other  nations  in 
Europe — Reasons  given  in  justification  of  them — Answers  of  some  of  the  European 
neutrals — Algerine  cruisers  let  loose  upon  American  commerce  in  the  Atlantic,  in 
consequence  of  a  truce  between  Algiers  and  Portugal — This  truce  made  by  a  British 
agent — Many  American  vessels  captured,  and  their  crews  made  slaves — Speech  of 
the  president  at  the  opening  of  congress  in  December,  1793 — Report  of  the  secre 
tary  of  state  concerning  foreign  restrictions  on  American  commerce — Mr.  Jefferson 
resigns — Mr.  Madison's  commercial  resolutions — New  British  orders  respecting 
the  West  India  trade — American  vessels  bound  to  the  West  Indies  taken  and  con 
demned — Congrsss  divided  as  to  the  mode  of  resisting  these  aggressions  on  neutral 
rights,  and  obtaining  satisfaction  and  indemnity— Various  plans  proposed  in  the 
house  of  representatives— British  establish  a  new  military  post  at  the  rapids  of  the 
Miami  of  the  lake—Mr.  Jay  nominated  minister  extraordinaiy  to  London—Reasons 
of  the  president  for  this  mission-— Mr.  Jay's  instructions— Non-intercourse  bill  pas 
sed  by  the  house,  but  rejected  in  the  senate — Congress  take  measures  of  defense — 
Lay  additional  internal  taxes — Pass  acts  to  prevent  the  violation  of  the  neutrality 
and  sovereignty  of  the  country — Fauchet  arrives  as  successor  to  Genet — Has  orders 
to  send  Genet  to  France— Requests  liberty  of  the  president  to  take  him  by  force  or 
stratagem — President  refuses  his  request — Views  of  the  French  government  not 
changed — Mr.  Morriss  recalled  from  France,  and  Mr.  Munroe  appointed  his  succes 
sor — His  instructions. 

FOR  the  purpose  of  presenting  a  connected  view  of  the  promi 
nent  measures  of  the  new  government,  as  well  as  of  the  political 
relations  of  the  United  States  with  France,  to  the  close  of  the 
year  1793  ;  we  have  omitted  to  notice  the  state  of  their  relations 
with  Great  Britain,  during  this  period. 


POLITICAL  AND  CIVIL  HISTORY,  &c.  391 

It  now  becomes  necessary  to  revert  to  this  interesting  part  of 
Washington's  administration.  The  American  minister,  Mr.  Ad 
ams,  as  before  stated,  returned  from  England  without  accomplish 
ing  the  objects  of  his  mission.  The  British  court  having  declined 
sending  a  minister  to  this  country  under  the  old  government,  the 
president  would  not  renew  the  negociations  by  a  formal  mission, 
under  the  new  system.  He  thought  proper,  however,  in  an  infor 
mal  manner,  to  sound  the  British  government,  on  the  subject  of 
the  non-fulfilment  of  the  treaty  of  peace,  and  with  respect  to  a 
commercial  intercourse  between  the  two  countries. 

Governeur  Morriss,  who  was  about  to  visit  London,  in  Oc 
tober,  1789,  was  instructed  by  a  private  letter  from  the  pre 
sident  himself,  to  converse  with  his  Brittannic  majesty's  ministers, 
on  the  following  points — "  Whether  there  be  any,  and  what  ob 
jections  to  now  performing  those  articles  in  the  treaty,  which  re 
main  to  be  performed  on  his  part ;  and  whether  they  incline  to  a 
treaty  of  commerce  with  the  United  States,  on  any,  and  on  what 
terms." 

With  respect  to  a  commmercial  treaty,  the  president  in  his  in 
structions,  says,  "  in  treating  this  subject,  let  it  be  strongly  im 
pressed  on  your  mind,  that  the  privilege  of  carrying  our  produc 
tions  in  our  vessels  to  their  islands,  and  bringing  in  return  tlie 
productions  of  these  islands  to  our  ports  and  markets,  is  regarded 
here  as  of  the  highest  importance  ;  and  you  will  be  careful  not 
to  countenance  any  idea  of  our  dispensing  with  it  in  a  treaty." 
In  pursuance  of  these  instructions,  Mr.  Morriss  had  several  con 
ferences  with  the  British  ministers,  the  result  of  which  was,  that 
they  did  not  intend  to  surrender  the  western  posts,  until  the  Uni 
ted  States  had  made  compensation  for  infractions  of  the  treaty 
on  their  part. 

On  the  subject  of  a  treaty  of  commerce,  the  answers  of  the 
British  ministers  were  evasive,  and  their  remarks  general.  It  was 
evident,  they  were  not  yet  prepared  to  commence  that  business 
in  earnest.  They,  however,  expressed  to  Mr.  Morriss,  their  in 
tention  of  sending  a  minister  to  the  United  States.  The  acts  of 
the  American  government,  giving  a  preference  to  their  own  ves- 


392  POLITICAL  AND  CIVIL  HISTORY 

sels,  in  tonnage  and  other  duties,  over  those  of  foreign  nations, 
had  not  passed  unnoticed  by  the  British  cabinet,  ever  extremely 
jealous  of  any  act  of  a  foreign  government,  tending  in  the 
smallest  degree  to  affect  their  commercial  or  navigating  interest. 
As  early  as  the  30th  of  September,  1789,  these  acts  were  refer 
red  to  the  lords  of  the  committee  of  privy  council,  on  the  subject 
of  trade  and  foreign  plantations,  to  consider  and  report  their 
opinion  on  the  same.  While  this  subject  was  before  the  commit 
tee,  the  British  cabinet  having  concluded  to  send  a  minister  to 
America,  they  were  commanded,  also,  to  take  into  consideration 
and  report,  "  what  vere  the  proposals  of  a  commercial  nature,  it 
would  be  proper  to  be  made  by  their  government  to  the  United 
States." 

On  the  25th  of  January,  1791,  this  committee  made  a  report 
on  all  the  subjects  referred  to  them,  and  which  formed  the  basis 
of  instructions  to  the  minister  about  to  be  sent  to  the  United 
States.  A  few  copies  were  at  first  printed,  but  afterwards,  pro 
bably  because  it  contained  the  substance  of  instructions  to  their 
minister,  were  suppressed. 

It  was  drawn  with  no  ordinary  ability,  and  no  doubt,  fully 
disclosed  the  views  then  entertained  by  the  British  govern 
ment,  respecting  a  commercial  intercourse  with  the  United 
States. 

The  event  of  a  negociation  was  recommended  by  the  commit 
tee,  before  resorting  to  retaliatory  measures,  against  the  Ameri 
can  discriminating  duties. 

The  merchants  of  London,  Liverpool,  Bristol,  and  Glasgow, 
were  consulted  by  the  committee,  and  a  great  majority  of  them 
were  of  opinion,  that  attempts  should  be  made  by  negociation, 
to  effect  some  equitable  commercial  arrangement,  previous  to  a 
resort  to  measures  of  a  retaliatory  nature. 

The  navigating  interest  of  Great  Britain,  did  not  escape  the 
particular  attention  of  this  committee.  On  this  subject,  they 
say — «  after  full  consideration  of  all  that  has  been  offered  on  the 
subject  of  navigation,  the  committee  think,  that  there  is  but  one 
proposition,  which  it  will  be  advisable  to  make  on  this  head,  to 


OF  THE  UNITED  STATES.  393 

the  government  of  the  United  States,  in  any  negociation  for  a 
commercial  treaty  between  the  two  countries,  viz.,  that  British 
ships  trading  to  the  ports  of  the  United  States,  shall  be  treated 
with  respect  to  duties  of  tonnage  and  impost,  in  like  manner  as 
ships  of  the  United  States  shall  be  treated  in  the  ports  of  Great 
Britain."  With  respect  to  the  West  India  trade,  they  observed, 
u  if  congress  should  propose,  (as  they  certainly  will,)  that  this 
principle  of  equality  should  be  extended  to  the  ports  of  our  colo 
nies  and  islands,  and  that  the  ships  of  the  United  States  should 
be  there  treated  as  British  ships,  it  should  be  answered,  that  this 
demand  cannot  be  admitted,  even  as  a  subject  of  negociation." 

The  committee  were  of  opinion,  that  all  the  articles  of  mari 
time  law,  then  lately  inserted  in  their  treaties  with  other  foreign 
powers,  might  be  also  inserted,  if  required,  in  a  commercial  trea 
ty  with  the  United  States,  "  except  that  any  article  allowing  the 
ships  of  the  United  States  to  protect  the  property  of  the  enemies 
of  Great  Britain  in  time  of  war,  should  on  no  account  be  admit 
ted  :  it  would  be  more  dangerous,"  they  said,  "  to  concede  this 
privilege  to  the  ships  of  the  United  States,  than  to  those  of  any 
other  foreign  country  ;  from  their  situation,  the  ships  of  these 
states  would  be  able  to  cover  the  whole  trade  of  France  and 
Spain  with  their  islands  and  colonies  in  America  and  the  West 
Indies,  whenever  Great  Britain  should  be  engaged  in  a  war  with 
either  of  these  powers  ;  and  the  navy  of  Great  Britain  would  in 
such  case,  be  deprived  of  the  means  of  distressing  the  enemy,  by 
destroying  his  commerce,  and  thereby  diminish  his  resources." 

The  committee  advise  the  king  to  open  a  negociation,  for  the 
purpose  of  making  a  commercial  treaty  with  the  United  States, 
"  but  it  will  be  right,"  they  repeat,  "  in  an  early  stage  of  this  ne 
gociation,  to  declare  explicitly,  that  Great  Britain  can  never  sub 
mit  to  treat,  on  what  appears  to  be  the  favorite  object  of  the  peo 
ple  of  those  states,  that  is,  the  admisson  of  the  ships  of  the  United 
States  into  the  ports  of  your  majesty's  colonies  and  islands."* 

Agreeably  to  the  intimation  given  to  Mr.  Morriss,  Mr.  Ham 
mond  arrived  in  the  United  States,  in  1791,  as  minister  from 

*  Acheson's  Collections  of  Papers. 
VOL.  II.  50 


394  POLITICAL  AND  CIVIL  HISTORY 

Great  Britain  ;  and  the  next  year,  Thomas  Pinckney  of  South 
Carolina,  was  sent  in  the  same  character,  to  the  court  of  London. 

Soon  after  the  arrival  of  Mr.  Hammond,  a  correspondence 
commenced  between  him  and  the  American  secretary  of  state, 
on  the  subjects  in  controversy  between  the  two  countries,  partic 
ularly  concerning  the  inexecution  of  the  treaty  of  peace. 

The  British  minister  having  no  authority  to  conclude  a  com 
mercial  treaty,  the  consideration  of  that  subject  was  postponed. 

In  answer  to  the  question  put  by  the  American  secretary,  as 
to  the  intentions  of  the  British  government,  in  relation  to  the  non- 
fulfilment  of  that  article  of  the  treaty  of  peace,  concerning  the 
surrender  of  the  western  posts,  the  British  minister  said,  that  the 
execution  of  this  article  was  suspended,  in  consequence  of  a 
breach  of  the  4th,  5th,  and  6th  articles,  on  the  part  of  the  Uni 
ted  States  ;  and  that  in  all  their  discussions  and  subsequent 
arrangements,  these  subjects  could  not  be  separated. 

It  was  agreed,  that  each  should  state  the  particular  acts  done 
by  the  other,  supposed  to  be  in  contravention  of  the  treaty.  Mr. 
Jefferson  commenced  on  the  part  of  the  American  government, 
in  December,  1791,  by  repeating,  that  the  garrisons  had  not  been 
withdrawn  from  the  western  posts,  according  to  the  stipulations 
in  the  7th  article,  that  British  officers  had  exercised  jurisdiction 
over  the  country  and  inhabitants,  belonging  to  the  United  States, 
in  the  vicinity  of  these  posts,  that  American  citizens  had  been  ex 
cluded  from  the  navigation  of  the  great  lakes  ;  and  that,  contra 
ry  to  the  same  article,  a  great  number  of  negroes,  the  property 
of  the  citizens  of  the  United  States,  had  been  carried  away  at  the 
time  of  the  evacuation  of  the  city  of  New  York. 

The  supposed  infractions  on  the  part  of  the  United  States,  com 
plained  of  by  the  British  minister,  were — 

1st,  Impediments  to  the  collection  of  debts,  contracted  before 
the  date  of  the  treaty,  by  the  acts  and  proceedings  of  the  several 
states. 

2d,  The  non-restitution  of  the  estates  of  the  royalists,  confisca 
ted  during  the  war. 


OF  THE  UNITED  STATES.  395 

3d,  The  prosecution  of  the  royalists,  and  the  confiscation  of 
their  property  subsequent  to  the  peace. 

A  statement  of  these  infractions,  was  made  by  the  British  min 
ister,  in  March,  1792,  with  a  reference  to  the  various  acts  of  the 
states  on  these  subjects.  In  May  following,  an  answer  to  this 
was  given  by  the  American  secretary,  showing  that,  with  respect 
to  property  confiscated  by  the  individual  states,  the  fifth  article 
merely  stipulated,,  that  congress  should  recommend  to  the  legisla 
tures  of  the  several  states,  to  provide  for  its  restitution.  That 
congress  had  done  all  in  their  power,  and  all  they  were  bound  by 
treaty  to  do,  by  recommending  a  compliance  on  the  part  of  the 
states  ;  but  that  it  was  left  with  the  states  themselves  to  comply 
or  not,  as  they  might  think  proper,  and  that  this  was  so  under 
stood  by  the  British  negociators,  and  by  the  British  ministry,  at 
the  time  the  treaty  was  completed. 

The  secretary  stated,  that  no  confiscations  had  taken  place  sub 
sequent  to  the  peace. 

He  also  claimed,  that  the  first  infractions  were  on  the  part  of 
the  British  government,  by  withholding  the  western  posts,  and 
by  the  transportation  of  negroes ;  and  that  the  delays  and  im 
pediments  which  had  taken  place,  in  the  collection  of  British 
debts,  were  justifiable  on  that  account.  With  respect  to  the  allow 
ance  of  interest  on  the  debts,  during  the  time  the  two  countries 
were  engaged  in  war,  this,  he  said,  was  a  point  much  litigated 
in  the  courts,  and  in  some  states  was  allowed,  and  in  others  dis 
allowed. 

This  answer  of  the  American  secretary  was  transmitted  to  the 
British  court  by  Mr.  Hammond  ;  and  the  new  state  of  things, 
which  soon  after  arose  in  Europe,  prevented  a  reply  or  a  renewal 
of  these  negociations  in  America.  Great  Britain  having  become 
a  party  in  the  war  against  France,  new  and  important  subjects  of 
controversy  arose  which  claimed  the  attention  of  the  American 
government.  The  extraordinary  revolution  and  proceedings  in 
France,  to  which  we  have  before  alluded,  united  all  the  great 
powers  of  Europe  against  that  nation.  And  the  allies,  in  order 
to  compel  the  French  to  submit  to  their  terms,  early  in  1 793, 


396  POLITICAL  AND  CIVIL  HISTORY 

adopted  a  new  and  extraordinary  mode  of  warfare  against  them, 
being  nothing  less  than  to  deprive  them  of  the  means  of  sup 
port,  by  preventing  all  foreign  supplies  of  corn,  flour,  meal  and 
other  provisions. 

In  pursuance  of  this  plan,  the  British  court,  on  the  8th  of  June, 
1793,  declared  it  to  be  lawful  for  all  his  majesty's  ships  of  war 
and  privateers,  "  to  stop  and  detain  all  vessels  loaded  wholly  or 
in  part  with  corn,  flour,  or  meal,  bound  to  any  port  of  France,  or 
any  port  occupied  by  the  armies  of  France,  and  to  send  them  to 
such  ports  as  should  be  most  convenient,  in  order  that  such  corn, 
meal,  or  flour  might  be  purchased  on  behalf  of  his  majesty's  gov 
ernment,  and  the  ships  to  be  released  after  such  purchase,  and 
after  a  due  allowance  for  freight ;  or  that  the  masters  of  such 
ships,  on  giving  due  security,  to  be  approved  by  the  court  of  ad 
miralty,  be  permitted  to  dispose  of  their  cargoes  of  corn,  meal,  or 
flour,  in  the  ports  of  any  country  in  amity  with  his  majesty." 

These  instructions,  though  bearing  date  early  in  June,  were 
not  finally  issued  to  the  admiralty  until  about  the  last  of  that 
month  ;  and  they  did  not  reach  the  United  States  until  the  first 
of  September,  and  twelve  days  after,  were  formally  commu 
nicated,  by  Mr.  Hammond,  to  the  American  government. 

This  extraordinary  plan  of  subduing  a  whole  nation  by  famine, 
was  concerted  between  Great  Britain  and  Russia,  as  early  as  the 
25th  of  March,  1793. 

The  following  articles  constitute  part  of  a  convention  between 
his  Britannic  majesty  and  the  empress  of  Russia,  entered  into 
on  that  day ;  and  are  too  extraordinary  to  be  here  omitted. 

"  ART.  III.  Their  said  majesties  engage  to  shut  all  their  ports 
against  French  ships  ;  not  to  permit  the  exportation,  in  any  case, 
from  the  said  ports  for  France,  of  any  military  or  naval  stores,  or 
corn,  grain,  salt  meat  or  other  provisions  ;  and  to  take  all  other 
measures,  in  their  power,  for  injuring  the  commerce  of  France, 
and  for  bringing  her,  by  such  means,  to  just  conditions  of  peace. 

"ART.  IV.  Their  majesties  engage  to  unite  all  their  efforts 
to  prevent  other  powers,  not  implicated  in  this  war,  from  giving, 


OF  THE  UNITED  STATES,  397 

on  this  occasion  of  common  concern  to  every  civilized  state,  any 
protection  whatever,  directly  or  indirectly,  in  consequence  of  their 
neutrality,  to  the  commerce  or  property  of  the  French,  on  the 
sea,  or  in  their  ports." 

The  same  articles  were  inserted  in  treaties  which  Great  Britain 
made  with  Spain,  Prussia,  and  the  emperor  of  Germany,  in  the 
summer  of  the  same  year. 

In  consequence  of  his  engagements  in  these  treaties,  his  Brit 
annic  majesty  issued  the  instructions  before  recited.  An  inform 
al  account  of  them  had  no  sooner  reached  the  United  States, 
than  the  president,  perceiving  how  materially  they  would  affect 
American  commerce,  directed  a  remonstrance  to  be  present 
ed  to  the  British  government,  against  such  a  palpable  violation  of 
neutral  rights.  The  American  minister  at  London  was  directed 
to  declare  to  the  British  court,  that  "  reason  and  usage  had  es 
tablished,  that  when  two  nations  went  to  war,  those  who  choose 
to  live  in  peace,  retain  their  natural  rights  to  pursue  their  agri 
culture,  manufactures  and  other  ordinary  vocations,  to  carry  the 
produce  of  their  industry,  for  exchange,  to  all  nations,  belligerents 
or  neutrals,  as  usual,  to  go  and  come  freely,  without  injury  or 
molestation :  and  in  short,  that  war  among  others  should  be  for 
them  as  if  it  did  not  exist." 

There  was  but  one  restriction  to  these  natural  rights,  the  Amer 
ican  secretary  said,  which  was,  that  neutrals  should  not  furnish 
either  party  with  implements  merely  of  war,  for  the  annoyance  of 
the  other,  nor  any  thing  whatever  to  a  place  blockaded  by  its 
enemy  ;  and  he  also  declared,  that  corn,  flour  and  meal,  were  not 
contraband  of  war.  Mr.  Pinckney  was  also  particularly  directed 
to  require  of  the  British  government,  an  explanation  of  these 
orders. 

Mr.  Hammond  attempted  a  justification  of  them,  by  remark 
ing,  "  that  by  the  law  of  nations,  as  laid  down  by  the  most  mod 
ern  writers,  it  was  expressly  stated,  that  all  provisions  were  to  be 
considered  as  contraband,  and  liable  to  confiscation,  in  case  where 
the  depriving  of  an  enemy  of  those  supplies,  was  one  of  the  means 


398  POLITICAL  AND  CIVIL  HISTORY 

intended  to  be  employed  for  reducing  him  to  reasonable  terms 
of  peace."  Lord  Grenville,  also,  in  a  conference  with  Mr.  Pinck- 
ney,  justified  them  on  the  same  ground  ;  and  said,  they  did  not 
go  so  far  as  the  strict  law  of  nations  would  warrant,  not  extend 
ing  to  all  kinds  of  provisions,  or  to  confiscation. 

These  principles,  however,  were  resisted  by  the  American  gov 
ernment,  as  totally  unwarranted  by  the  law  of  nations  ;  and  Mr. 
Pinckney,  in  answer  to  lord  Grenville,  on  the  subject  of  reducing 
France  by  famine,  stated,  that  provisions  were  then  cheaper 
in  the  ports  of  that  country,  than  in  those  of  England. 

Notwithstanding  these  remonstrances  on  the  part  of  the  Uni 
ted  States,  the  orders  were  rigidly  enforced,  and  English  ports 
were  soon  rilled  with  American  vessels,  originally  bound  to  France. 

The  manner  in  which  this  new  mode  of  warfare  was  enforced 
in  Europe  by  the  allied  powers,  as  well  as  a  brief  view  of  the 
principles  upon  which  it  was  there  attempted  to  be  supported, 
cannot  be  foreign  from  our  design. 

The  orders  of  the  empress  of  Russia  extended  farther  than 
those  of  Great  Britain  ;  and  to  enforce  them  she  fitted  out  a  fleet 
of  twenty  five  sail  of  the  line,  with  a  number  of  frigates,  to  cruise 
in  the  east  and  north  seas,  "  for  the  purpose  (in  conjunction  with 
the  English  maritime  force)  of  preventing  the  sending  of  any 
provisions  or  ammunition  to  France.'1*  . 

The  Russian  charge'des  affaires,  in  his  note  of  July  30th,  1793, 
informed  the  court  of  Sweden,  that  the  commanders  of  the  Rus 
sian  fleet  were  instructed,  "  to  stop  all  neutral  vessels  having  a 
cargo  for  the  ports  of  France,  to  force  them  either  to  return  to 
the  ports  from  whence  they  came,  or  to  unload  their  cargoes  in 
any  neutral  port  they  should  think  fit  to  point  out."  The  empress 
having  before  been  the  great  champion  and  supporter  of  neu 
tral  rights,  found  it  necessary  to  make  some  apology  for  her  de- 

*  She  requested  the  king  of  Sweden,  "  not  to  permit  his  ships  of  war  to  take  any 
Swedish  merchantmen,  laden  with  such  commodities,  under  their  convoy."  She 
also  gave  orders  to  search  all  merchant  vessels,  to  see  if  their  cargoes  consisted 
of  such  goods  ;  "  all  which  is  done,"  she  added,  "  for  this  reason,  namejy,  that  no 
neutrality  can  take  place  with  respect  to  a  government  consisting  only  of  rebels." 


OF  THE  UNITED  STATES.  399 

parture  from  the  principles  she  formerly  professed.  "  After  all 
the  proofs,"  her  minister  added,  "  which  her  majesty  has  given 
of  the  generous  and  disinterested  care  she  has  taken  to  secure 
the  rights  of  neutral  states  in  time  of  war,  by  establishing  a  par 
ticular  code  of  navigation  laws,  which  received  the  approbation 
of  most  of  the  maritime  powers,  by  solemn  treaties — she  has  no 
reason  to  fear  lest  her  present  conduct  might  excite  any  suspicion 
of  her  intending  to  infringe  that  generous  and  beneficial  system, 
since  that  system  can,  by  no  means,  be  applicable  to  the  present 
circumstances. 

"  In  order  to  prove  this  assertion,  it  will  be  sufficient  to  allege, 
that  the  usurpers  of  the  government  of  France,  after  having  over 
thrown  every  order  in  that  country,  after  having  dipped  their 
murderous  hands  in  the  blood  of  their  king,  have,  by  a  solemn 
decree,  declared  themselves  the  protectors  and  supporters  of  all 
those  who  should  attempt  like  crimes  against  their  sovereigns 
and  governors  in  other  states.  This  they  not  only  promised,  but 
they  have  actually  attacked  most  of  their  neighboring  powers,  with 
armed  forces,  and  by  this  have  placed  themselves  in  a  state  of 
war  against  all  the  powers  of  Europe  ;  no  neutrality,  consequent 
ly,  could  exist  from  that  time,  in  any  power,  with  regard  to  them, 
except  where  prudence,  and  the  benefit  of  the  common  cause, 
prescribed  a  feigned  peaceable  disposition.  But  this  motive  is  no 
longer  in  existence,  since  the  combination  of  the  formidable 
powers  of  Europe,  to  make  it  their  common  cause  against  the  en 
emies  of  the  safety  and  happiness  of  nations."* 

The  language  of  the  British  court  to  his  Danish  majesty,  was 
similar  to  that  held  by  the  empress  of  Russia. 

"  It  can  by  no  means  be  mistaken,"  said  the  British  ambassa 
dor,  (Hailes,)  at  the  court  of  Copenhagen,  "how  much  the  circum 
stances  of  the  present  war  are  different  from  those  wars,  in  which 
Europe  can  depend  on  the  established  laws  and  rights  of  nations  ; 
nor  can  it  more  be  denied,  that  this  palpable  difference  ought  to 
have  a  material  and  powerful  influence  on  the  enjoyment  of  the 
privileges  allowed  to  neutral  nations,  by  the  same  general  laws 
and  rights  of  nations,  or  by  particular  treaties." 
*  British  Senator,  vol.  8,  pp,  30, 31. 


400  POLITICAL  AND  CIVIL  HISTORY 

The  British  ambassador,  also,  after  stating  that  there  was  no 
government  in  France,  acknowledged  either  by  neutrals  or  bellig 
erents,  and  that  neither,  could  have  any  assurance  of  the  observa 
tion  of  the  laws  and  rights  of  nations,  not  only  justified  the  deter 
mination  of  the  coalesced  powers,  to  reduce  France,  by  prohibi 
ting  supplies  of  provisions ;  but  also  intimated,  that  the  Danish 
court  could  not  even  admit  French  privateers  into  their  ports,  as, 
for  want  of  a  legal  government,  they  could  have  no  legal  commis 
sions,  and  must  be  considered  as  pirates. 

The  answer  of  Bernstorf,  the  Danish  minister,  was  worthy  of 
that  great  and  illustrious  statesman. 

"  The  law  of  nations,"  says  the  Danish  minister,  "  is  unaltera 
ble.  Its  principles  do  not  depend  on  circumstances.  An  enemy 
engaged  in  war  can  exercise  vengeance  upon  those  who  do  not 
expect  it ;  but  in  this  case,  and  without  violating  the  rigid  law,  a 
fatal  reciprocity  may  take  place  ;  but  a  neutral  power,  which 
lives  in  peace,  cannot  admit  of,  nor  acknowledge  such  a  compen 
sation,  it  can  only  screen  itself,  by  its  impartiality,  and  by  its  trea 
ties.  It  is  not  pardonable  for  her  to  renounce  her  rights  in  favor 
of  any  belligerent  power.  The  basis  of  her  rights  is  the  univer 
sal  and  public  law,  before  which  all  authority  must  vanish  :  it  is 
neither  a  party  nor  a  judge  ;  nor  do  the  treaties  give  room  to  priv 
ileges  and  favors." 

The  views  of  Bernstorf,  on  the  new  mode  of  warfare  of  the 
coalesced  powers,  were  peculiarly  just,  and  in  accordance  with 
those  of  president  Washington. 

"  The  want  of  grain,"  he  added,  "as  a  consequence  of  the 
failure  of  domestic  productions,  is  not  a  thing  unusual,  which 
might  only  take  place  in  the  present  moment ;  or  which  might  be 
occasioned  by  the  ground  which  constitute  the  difference  so  of 
ten  alleged  between  the  present  and  former  wars.  France  is  al 
most  constantly  able  to  make  imports  from  abroad.  Africa,  Ita 
ly,  and  America,  furnish  her  with  much  more  corn  than  the 
Baltic. 

"  In  the  year  1709,  France  was  more  exposed  to  famine  than  it 
now  is  ;  and  yet  England  could  not  then  avail  herself  of  the  same 


@F  THE  UNITED  STATES.  401 

grounds.  On  the  contrary,  when  soon  after  Frederick  IV,  king 
of  Denmark,  on  account  of  his  war  with  Sweden,  which  required 
almost  constantly  importations  from  abroad  like  France,  could 
believe  that  he  might  adopt  the  principle,  that  exportation  can 
be  lawfully  prevented,  if  one  has  hopes  to  conquer  an  enemy  by 
so  doing ;  and  he  intended  to  apply,  with  regard  to  the  whole 
country,  this  principle,  which  is  only  considered  as  valid  with  re 
gard  to  blockaded  ports  ;  all  the  powers  remonstrated,  especially 
Great  Britain,  and  unanimously  declared  this  principle  to  be  new 
and  inadmissible  ;  so  that  the  king,  convinced  to  the  contrary,  de 
sisted  from  it.  A  war,"  added  Bernstorf, "  can  certainly  differ  from 
others,  with  regard  to  its  occasion,  tendency,  necessity,  justice,  or 
injustice.  This  can  be  a  most  important  concern  to  the  belliger 
ent  powers.  It  can  and  must  have  influence  upon  the  peace, 
upon  the  indemnifications,  and  other  necessary  circumstances. 
But  all  this  is  absolutely  of  no  concern  to  the  neutral  powers. 
They  will,  upon  the  whole,  give  the  utmost  deference  to  those  on 
whose  side  justice  seems  to  be  ;  but  they  have  no  right  to  give 
way  to  this  sentiment.  When  a  neutrality  is  not  quite  perfect,  it 
ceases  to  be  neutrality." 

The  Danish  minister  appealed  to  the  conduct  of  Great  Britain 
herself,  on  the  subject  of  French  privateers.  "  They  cannot  be 
considered  as  pirates,"  he  said,  "  by  the  neutral  powers,  as  long 
as  England  does  not  consider  and  treat  them  as  such.  In 
England,  the  prisoners  are  deemed  to  be  prisoners  of  war ; 
they  are  exchanged,  and  negociations  have  been  entered  into  for 
this  purpose.  The  usual  laws  of  war  are  there  observed  in  all  re 
spects,  and  by  this  rule  alone  we  ought  to  go."* 

This  reasoning,  however,  was  as  unavailing  in  Europe,  as 
in  America.  The  orders  of  the  coalesced  powers,  were  rigidly 
enforced,  and  neutral  rights  and  interests  sacrificed.  Those  of 
the  British  government  particularly  affected  and  embarrassed  the 
American  commerce  ;  and  justly  excited  the  resentment  of  the 
people  of  the  United  States.  This  state  of  public  feeling  in 

*  British  Senator,  vol.  8,  p.40.---State  Papers. 
VOL.  II.  51 


402  POLITICAL  AND  CIVIL  HISTORY 

America,  was  increased  by  a  belief,  that  the  Indian  war,  which 
desolated  their  western  frontiers,  was  also  encouraged,  if  not 
instigated  by  the  British  in  Canada.  Another  event  likewise 
occured,  this  year,  peculiarly  distressing  to  American  com 
merce  and  seamen,  and  added  not  a  little  to  this  excite 
ment.  For  many  years,  war  had  existed  between  Portugal  and 
Algiers.  In  consequence  of  this,  Algerine  cruizers  had  been 
confined  to  the  Mediterranean  by  a  Portuguese  fleet ;  and  the 
commerce  of  the  United  States,  as  well  as  that  of  Portugal  her 
self,  had  been  protected  in  the  Atlantic,  from  the  depredations  of 
this  regency.  In  September,  1793,  an  unexpected  truce  for  a  year, 
was  concluded  between  Portugal  and  Algiers.  The  dey's  cruizers, 
therefore,  immediately,  and  without  previous  notice,  passed  into 
the  Atlantic ;  and  American  vessels,  while  on  their  way  to 
Portugal  and  other  parts  of  Europe,  and  without  the  smallest  sus 
picion  of  danger,  became  a  prey  to  these  lawless  freebooters,  and 
many  American  seamen  were  doomed  to  slavery. 

This  unexpected  and  extraordinary  measure  was  brought  about 
by  a  British  agent  at  Algiers  ;  and  the  Portuguese  minister  de 
clared  to  the  American  consul  at  Lisbon,  that  the  same  had  been 
effected  without  his  knowledge.  The  Portuguese  government, 
he  said,  about  six  months  before,  had  requested  the  aid  of  Great 
Britain  and  Spain,  in  bringing  about  a  peace  with  that  re 
gency  ;  but  as  no  person  had  been  appointed  on  the  part  of 
Portugal,  to  effect  this  object,  he  supposed  the  business  re 
mained  only  in  embryo.  Some  provisions  in  the  treaty  itself,  indi 
cated  pretty  strongly,  the  truth  of  this  statement  of  the  minister. 
The  British  government  had  guarantied  the  performance  of  it  on 
the  part  of  Portugal ;  and  by  a  most  extraordinary  clause,  the 
Portuguese  government  was  restrained  from  affording  protection 
to  any  nation  against  Algerine  cruizers.* 

The  British  minister,  Grenville,  disavowed  any  intention  to  in 
jure  the  United  States  ;  declaring,  that  being  desired  by  their 
friend  and  ally,  to  procure  a  peace  with  Algiers,  the  British  gov- 

*  American  State  Papers,  vol.  10,  p.  279. 


OF  THE  UNITED  STATES.  403 

ernment  had  instructed  their  agent  to  effect  this  object,  and  there 
by  enable  the  Portuguese  fleet  to  co-operate  with  them  against 
France  ;  and  that  finding  a  permanent  peace  unattainable,  he 
had  concluded  a  truce  for  a  short  period. 

The  British  ministry,  however,  must  have  foreseen,  that  this 
measure  in  its  immediate  consequences,  would  be  fatal  to  Ameri 
can  commerce  in  the  Atlantic  ;  and  that  hundreds  of  American 
seamen  must  necessarily  be  consigned  to  slavery.  Nor  is  it  pos 
sible  to  believe,  that  it  should  not  have  occured  to  them,  that  an 
Algerine  fleet,  would  also  effectually  co-operate  in  their  favorite 
plan  against  France.  Whatever  were  the  real  views  of  Portugal,  she 
was  too  dependent  on  Great  Britain,  to  refuse  a  ratification  of  the 
treaty.  On  the  application  of  the  American  consul,  the  Portu 
guese  government  furnished  a  convoy  for  the  vessels  of  the  Uni 
ted  States  trading  tothat  country,  until  the  treaty  should  be  rat 
ified. 

The  Americans  were  very  justly  incensed,  that  their  property 
should  be  thus  exposed  to  Algerine  rapacity,  and  their  fellow 
citizens  doomed  to  slavery  without  the  least  warning. 

In  this  state  of  public  affairs,  both  at  home  and  abroad,  the 
president  met  congress  on  the  3d  of  December,  1793.  Never, 
since  the  period  of  the  American  revolution,  had  the  affairs  of  the 
United  States  been  in  a  more  critical  and  delicate  situation,  or 
presented  greater  difficulties  to  those  entrusted  with  the  adminis 
tration  of  government.  The  president,  in  his  speech  to  both 
houses,  informed  them  of  the  course  he  had  pursued,  in  the  "  new 
and  delicate"  situation,  in  which  the  United  States  had  been  pla 
ced,  in  consequence  of  the  war,  which,  in  the  course  of  the  year, 
had  embraced  most  of  the  nations  in  Europe,  particularly  those 
with  which  they  had  the  most  extensive  relations  and  con 
nections.  That  he  had  thought  it  his  duty  to  admonish  his 
fellow  citizens  of  the  consequences  of  a  contraband  trade,  and 
particularly  of  hostile  acts  to  either  party  ;  and  that  to  preserve 
the  country  in  peace,  he  had  adopted  some  general  rules,  which, 
while  they  conformed  to  existing  treaties,  asserted  the  privileges 
of  the  United  States.  That  it  must  now  rest  with  congress  to 


404  POLITICAL  AND  CIVIL  HISTORY 

correct,  improve,  or  enforce  these  rules  ;  suggesting  at  the  same 
time,  that  some  further  legislative  aid  would  be  found  expedient, 
especially  in  cases,  where  individuals,  within  the  United  States, 
should  array  themselves  in  hostility  against  any  of  the  powers 
at  war,  enter  upon  military  expeditions  or  enterprises,  or  usurp 
or  exercise  judicial  authority  therein  ;  and  where  the  penalties 
for  a  violation  of  the  laws  of  nations  were  indistinctly  mark 
ed,  or  were  inadequate.  He  at  the  same  time  recommend 
ed,  that  while  the  United  States  adopted  measures  for  the 
fulfilment  of  their  duties  towards  others,  they  should  not  neg 
lect  those  which  were  necessary  for  placing  the  country  in  a 
competent  state  of  defense  ;  and  that  they  should  exact  from 
others  the  fulfilment  of  duties  towards  themselves. 

"  The  United  States,"  he  observed,  "  ought  not  to  indulge  the 
persuasion,  that  contrary  to  the  order  of  human  events,  they  will 
forever  keep  at  a  distance,  those  painful  appeals  to  arms,  with 
which  the  history  of  other  nations  abounds.  There  is  a  rank  due 
to  the  United  States  among  nations,  which  will  be  withheld,  if 
not  absolutely  lost,  by  the  reputation  of  weakness. 

"  If  we  desire  to  avoid  insult,  we  must  be  able  to 'repel  it ;  if 
we  desire  to  secure  peace,  one  of  the  most  powerful  instruments 
of  our  prosperity,  it  must  be  known,  that  we  are  at  all  times  ready 
for  war." 

After  stating  the  continuance  of  Indian  hostilities,  and  recom 
mending  among  other  things,  that  provision  be  made  for  the  reg 
ular  redemption  of  the  public  debt,  and  for  the  purchase  of  arms 
and  military  stores,  he  concludes — 

"  The  several  subjects  to  which  I  have  now  referred,  open  a 
wide  range  to  your  deliberations  ;  and  involve  some  of  the 
choicest  interests  of  our  common  country.  Permit  me  to  bring 
to  your  remembrance  the  magnitude  of  your  task. 

"  Without  an  unprejudiced  coolness,  the  welfare  of  the  gov 
ernment  may  be  hazarded  ;  without  harmony,  as  far  as  consists 
with  freedom  of  sentiment,  its  dignity  may  be  lost.  But,  as  the 
legislative  proceedings  of  the  United  States  will  never,  I  trust,  be 
reproached  for  the  want  of  temper  or  candor,  so  shall  not  the  pub- 


OF  THE  UNITED  STATES.  405 

lie  happiness  languish,  from  the  want  of  my  strenuous  and  warm 
est  co-operation." 

The  particular  situation  of  the  United  States  with  Great  Britain 
and  France,  in  consequence  of  the  new  state  of  things  in  Europe, 
was  the  subject  of  a  distinct  and  separate  communication. 

In  this  communication,  made  the  5th  of  December,  the  presi 
dent  referred  to  the  extraordinary  orders  and  decrees  of  those 
two  belligerents,  which  had  affected  the  commerce  of  the  Uni 
ted  States  ;  and  with  respect  to  the  conduct  of  the  French  min 
ister  sent  to  this  country  by  the  representative  and  executive 
bodies  of  France,  he  observed — "  It  is  with  extreme  concern 
I  have  to  inform  you,  that  the  proceedings  of  the  person,  whom 
they  have  unfortunately  appointed  their  minister  plenipoten 
tiary  here,  have  breathed  nothing  of  the  friendly  spirit  of  the 
nation,  which  sent  him ;  their  tendency,  on  the  contrary,  has 
been  to  involve  us  in  war  abroad,  and  in  discord  and  anarchy  at 
home.  So  far  as  his  acts,  or  those  of  his  agents,  have  threat 
ened  our  immediate  commitment  in  the  war,  or  flagrant  insult  to 
the  authority  of  the  laws,  their  effect  has  been  counteracted  by 
the  ordinary  cognizance  of  the  laws,  and  by  an  exertion  of  the 
powers  confided  to  me.  Where  their  danger  was  not  imminent, 
they  have  been  borne  with,  from  sentiments  of  regard  to  his  na 
tion  ;  from  a  sense  of  their  friendship  towards  us  ;  from  a  convic 
tion,  that  they  would  not  suffer  us  to  remain  long  exposed  to  the 
action  of  a  person,  who  has  so  little  respect  for  our  mutual  dispo 
sitions  ;  and  I  will  add,  from  a  reliance  on  the  firmness  of  my 
fellow  citizens  in  their  principles  of  peace  and  order." 

The  members  of  the  house  of  representatives  in  their  answer  to 
the  president's  speech,  were  unanimous.*  "  The  United  States," 
they  said,  "  having  taken  no  part  in  the  war  which  has  embraced 
in  Europe  the  powers  with  whom  they  have  the  most  extensive  re 
lations,  the  maintenance  of  peace  was  justly  to  be  regarded  as  one 
of  the  most  important  duties  of  the  magistrate,  charged  with  the 
faithful  execution  of  the  laws.  We,  accordingly,  witness  with  ap- 

*  This  was  drawn  by  a  committee  consisting  of  Mr.  Madison, 'Mr.  Sedgwick,  Mr- 
Hartley,  Mr.  Wattse  and  Samuel  Smith, 


406  POLITICAL  AND  CIVIL  HISTORY 

probation  and  pleasure,  the  vigilance  with  which  you  have  guard 
ed  an  interruption  of  that  blessing,  by  your  proclamation,  admon 
ishing  our  fellow  citizens  of  the  consequences  of  illicit  and  hostile 
acts  towards  the  belligerent  parties  ;  and  promoting,  by  a  decla 
ration  of  the  existing  legal  state  of  things,  an  easier  admission  of 
our  right  to  the  immunities  belonging  to  our  situation." 

The  senate  declared  the  proclamation  to  be  a  "  measure  well 
timed  and  wise,  manifesting  a  watchful  solicitude  for  the  welfare 
of  the  nation,  and  calculated  to  promote  it." 

The  same  unanimity,  unfortunately,  did  not  prevail  in  the  sub 
sequent  proceedings  of  the  national  legislature  during  this  session. 
The  secretary  of  state,  by  a  resolution  of  the  house,  in  February, 
1791,  had  been  instructed  to  make  a  report  as  to  the  nature  and 
extent  of  the  privileges  granted  to  American  commerce,  as  well 
as  the  restrictions  imposed  upon  it  by  foreign  nations ;  and  also 
as  to  the  measures,  in  his  opinion,  proper  for  the  improvement  of 
the  commerce  and  navigation  of  the  United  States.  Early  in 
this  session,  the  secretary  submitted  to  the  house  a  report  on  this 
subject,  and  which  was  referred  to  the  consideration  of  the  com 
mittee  of  the  whole. 

This  report  had  reference  to  a  state  of  things,  prior  to  the  new 
system  of  the  coalesced  powers,  and  presented  a  view  of  the  ex 
tent  and  value  of  the  trade  of  the  United  States,  with  each  of 
those  countries,  with  whom  they  had  any  considerable  commer 
cial  connection,  and  a  detailed  account  of  the  privileges  granted 
by  each  to  American  commerce,  and  the  restrictions  imposed 
upon  it.  The  secretary  presented  two  methods  of  removing, 
modifying  and  counteracting  these  restrictions. 

1st.  By  amicable  arrangements,  as  being  the  most  eligible,  if 
practicable. 

2d.  By  countervailing  acts,  on  the  part  of  the  American  gov 
ernment,  where  friendly  arrangements  could  not  be  made. 

This  report  was  one  of  the  last  official  acts  of  Mr.  Jefferson. 
At  the  close  of  this  year,  according  to  previous  intimations 
given  to  the  pr^ident,  he  retired  from  office ;  and  Edmund  Ran 
dolph  was  soon  after  appointed  his  successor. 


OP  THE  UNITED  STATES.  407 

This  report  of  Mr.  Jefferson,  formed  the  basis  of  the  celebra 
ted  commercial  resolutions,  as  they  were  called,  submitted  to  the 
house  by  Mr.  Madison  early  in  January,  1794.  The  substance 
of  the  first  of  these  resolutions  was,  that  the  interest  of  the  United 
States  would  be  promoted  by  further  restrictions  and  higher  du 
ties,  in  certain  cases,  on  the  manufactures  and  navigation  of  for 
eign  nations.  The  additional  duties  were  to  be  laid  on  certain 
articles  manufactured  by  those  European  nations,  which  had  no 
commercial  treaties  with  the  United  States.  The  articles  selected 
were  those  manufactured  principally  from  leather,  wool,  cotton, 
silk,  hemp,  flax,  iron,  steel,  pewter,  copper,  and  brass.  These 
resolutions  required  reciprocity  in  navigation,  except  with  respect 
to  the  West  India  trade.  On  foreign  vessels,  employed  in  this 
trade,  higher  tonnage  duties  were  to  be  imposed,  as  well  as  addi 
tional  duties  on  their  cargoes.  The  last  of  the  resolutions  declar 
ed,  that  provision  ought  to  be  made,  for  ascertaining  the  losses 
sustained  by  American  citizens,  from  the  operation  of  particular 
regulations  of  any  country,  contravening  the  law  of  nations  ; 
and  that  these  losses  be  reimbursed,  in  the  first  instance,  out 
of  the  additional  duties  on  the  manufactures  and  vessels  of  the 
nation  establishing  such  regulations.  The  debates  on  these  reso 
lutions  were  long  and  animated.  On  the  3d  of  February,  the 
first  was  adopted,  by  a  majority  of  five  only. 

When  the  second  came  under  consideration,  Mr.  Fitzimons,  a 
member  from  Pennsylvania,  moved  an  amendment,  the  effect  of 
which  was,  to  extend  its  operation  to  all  nations.  This  motion 
gave  way  to  one  made  by  Mr.  Nicholas  of  Virginia,  exempting 
all  nations  from  its  operation,  except  Great  Britain.  While 
this  was  under  consideration,  the  whole  subject  was  postponed 
until  the  first  Monday  of  March,  by  a  majority  of  five ;  the  ad 
vocates  of  the  measure  voting  for  the  postponement,  and  its  op 
ponents  against  it. 

In  discussing  these  resolutions  a  wide  range  was  taken  ;  their 
political  as  well  as  commercial  effects  upon  foreign  nations, 
were  brought  into  view.  In  the  course  of  the  debate  it  was  soon 
apparent,  that  their  political  bearing  was  considered  as  the  most 


408  POLITICAL  AND  CIVIL  HISTORY 

important,  particularly  on  that  nation  to  which  its  operation  was 
finally  limited,  by  the  motion  of  Mr.  Nicholas.  Before  this  sub 
ject  again  came  before  the  House,  news  of  additional  British 
instructions  of  the  6th  of  November,  relative  to  the  French  West 
India  trade,  arrived  in  the  United  States,  and  demanded  some 
thing  more  than  mere  commercial  regulations.  By  these  the 
commanders  of  British  ships  of  war,  and  privateers,  were  direc 
ted  "  to  stop  and  detain  all  ships  laden  with  goods,  the  produce 
of  any  colony  belonging  to  France,  or  carrying  provisions,  or 
other  supplies,  for  the  use  of  such  colony,  ,and  to  bring  the  same, 
with  their  cargoes,  to  legal  adjudication,  in  the  British  courts  of  ad 
miralty."  These  instructions,  though  dated  the  6th  of  Novem 
ber,  were  not  made  public,  or  even  known  to  the  American  min 
ister  in  England,  until  the  last  of  December  following.  If  the 
orders  of  June  preceding  were  a  violation  of  neutral  rights, 
these  were  much  more  so.  American  vessels,  bound  to  the 
French  West  Indies  were,  under  the  new  orders,  without  previous 
notice,  seized  and  carried  into  British  ports,  in  the  West  Indies  ; 
many  of  them  condemned  on  the  most  frivolous  pretences,  and 
others  detained  and  harrassed  a  long  time  before  the  courts  of  ad 
miralty.  Such  was  the  threatening  aspect  of  political  affairs,  that 
early  in  the  session,  a  committee  of  the  House  was  instructed  to 
prepare  and  report  an  estimate  of  the  expense  requisite  to  place 
the  principal  sea-ports  of  the  country  in  a  state  of  defense.  The 
orders  of  the  6th  of  November  rendered  the  importance  and 
necessity  of  a  measure  of  this  kind  more  apparent. 

That  some  measures  of  resistance  to  these  aggressions  should 
be  adopted,  all  agreed  ;  but  a  difference  of  opinion  existed  in  con 
gress,  what  those  measures  should  be.  The  opponents  of  the  ad 
ministration,  urged  the  adoption  of  commercial  restrictions,  while 
its  supporters,  with  the  President  himself  were  in  favor  of  a  differ 
ent  course.  Various  plans  were  submitted  to  the  House,  by 
members  in  accordance  with  their  different  views  of  the  subject. 
On  the  12th  of  March  Mr.  Sedgwick  proposed  sundry  resolutions, 
the  purport  of  which  was,  that  fifteen  regiments  of  auxiliary  troops 
be  enlisted  for  two  years,  on  condition,  that  if  war  should  break  out 


OF  THE  UNITED  STATES.  409 

within  that  time,  between  the  United  States  and  any  foreign 
European  nation,  they  should  be  bound  to  serve  three  years,  after 
the  commencement  of  the  war,  should  the  same  so  long  contin 
ue  ;  the  troops  however,  to  receive  no  pay,  until  the  war  hap 
pened,  except  half  a  dollar  per  day,  for  each  days  exercise  in 
military  discipline. 

By  the  last  of  the  resolutions,  the  President  was  authorised 
to  lay  an  embargo,  for  forty  days,  in  case  he  deemed  the  safety 
and  welfare  of  the  country  required  it.  After  an  ineffectual  at 
tempt  to  take  up  this  resolution,  the  house,  on  the  14th  of  March, 
resumed  the  discussion  of  Mr.  Madison's  commercial  plan  ; 
but  without  coming  to  a  decision.  The  debates  upon  it  were 
renewed  with  increased  heat  on  both  sides.  The  opponents  of 
the  measure  urged  the  impropriety  of  its  adoption,  in  the  alarm 
ing  state  of  affairs  with  Great  Britain  ;  if  viewed  as  a  peace 
measure,  they  said,  it  was  impolitic,  if  a  war  measure,  ineffi 
cient.  The  great  injuries  the  United  States  had  received, 
and  were  receiving  from  British  spoliations,  demanded  a  much 
more  energetic  course  of  conduct — that  the  time  had  arrived 
when  they  must  seriously  prepare  for  war — that  without  a  speedy 
redress  for  these  injuries,  war  was  inevitable.  While  the  advo 
cates  of  the  plan,  urged  its  efficiency,  they  declared,  that  its  dop- 
tion  would  not  preclude  any  other,  which  might  be  proposed.  To 
prevent  American  commerce  from  being  further  exposed  to  depre 
dation,  congress  on  the  26th  of  March  laid  an  embargo  on  all  ships 
and  vessels  in  the  ports  of  the  United  States,  bound  to  any  foreign 
port  or  place  for  the  term  of  thirty  days.  The  resolutions  of  Mr. 
Sedgwick  for  raising  troops  being  negatived,  he  immediately 
proposed,  in  general  terms,  "  that  measures  ought  immediately 
to  be  taken,  to  render  the  force  of  the  United  States  more  effi 
cient."  This  proposition  being  adopted,  a  committee,  to  v\h  >m 
it  was  referred,  reported  that  an  addition  be  made  to  the 
regular  military  force,  including  a  corps  of  artillerists  and  en 
gineers — that  the  President  be  authorised  to  call  on  the  t  xecu- 
tives  of  the  several  states,  to  organize,  and  hold  in  readiness  to 
march  at  a  moments  warning,  eighty  thousand  militia. 
VOL.  II.  52  ' 


410  POLITICAL  AND  CIVIL  HISTORY 

Soon  after  this  report  was  submitted,  Mr.  Madison  expressed 
his  determination  to  call  up  his  commercial  regulations,  unless 
gentlemen  had  something  else  to  propose,  which,  in  the  juncture 
of  affairs,  might  be  deemed  more  urgent.  Mr.  Smith,  of  South 
Carolina,  then  rose  and  observed,  that  the  subject  of  indemnity 
to  the  owners  of  vessels  and  cargoes,  which  had  been  captured 
by  some  of  the  belligerent  powers,  was,  in  his  opinion,  very  urgent, 
and  entitled  to  the  immediate  attention  of  congress.  He  was 
strongly  impressed,  he  said,  with  the  principle,  that  those  who 
were  thus  despoiled  of  their  property,  while  pursuing  a  lawful 
trade,  without  being  protected,  had  a  right  to  look  to  their  gov 
ernment  for  compensation,  and  that  the  government  must  look  to 
the  aggressor.  He,  therefore,  read  in  his  place,  a  resolution  he 
intended  to  propose,  declaring  that  "  provision  ought  to  be  made 
for  the  indemnification  of  all  citizens  of  the  United  States,  whose 
vessels  or  cargoes  had  been  seized  and  confiscated  by  any  of  the 
belligerent  powers,  contrary  to  the  law  of  nations." 

Mr.  Dayton  said,  he  could  not  agree  to  such  a  proposition, 
without  designating  the  fund  from  which  the  indemnity  was  to 
be  made,  he,  therefore,  submitted  to  the  house,  the  two  follow 
ing  resolutions. 

"  1st.  That  provision  ought  to  be  made  by  law,  for  the  seques 
tration  of  all  the  debts  due  from  the  citizens  of  the  United  States 
to  the  subjects  of  the  king  of  Great  Britain. 

"  2d.  That  provision  ought,  in  like  manner,  to  be  made,  for 
securing  the  payment  of  all  such  debts  into  the  treasury  of  the 
United  States,  there  to  be  held  as  a  pledge  for  the  indemnifica 
tion  of  such  of  the  citizens  of  the  said  states,  as  shall  have  suffered 
from  the  ships  of  war,  privateers,  or  from  any  person  or  descrip 
tion  of  persons,  acting  under  the  commission  or  authority  of  the 
British  king,  in  contravention  of  the  law  of  nations,  and  in  viola 
tion  of  the  rights  of  neutrality." 

These  resolutions  were  immediately  taken  into  consideration, 
and  debated  with  great  warmth  and  even  acrimony.  They  were 
opposed  upon  principle,  as  well  as  policy,  and  were  finally  post 
poned. 


OF  THE  UNITED  STATES.  411 

Pending  the  resolutions  of  Mr.  Dayton,  intelligence  arrived, 
that  the  British  ministers,  in  answer  to  inquiries  of  the  London 
merchants,  had  informed  them,  that  condemnation  of  proper 
ty,  under  the  orders  of  the  6th  of  November,  had  riot  been  con 
templated.  Indeed,  on  the  8th  of  January,  1794,  these  orders 
were  revoked,  and  others  substituted,  directing  the  commanders 
of  British  ship?,  to  bring  in  for  adjudication  such  vessels  only, 
as  were  laden  with  goods,  the  produce  of  the  French  islands,  and 
coming  directly  from  the  same,  to  any  port  in  Europe  ;  or  such 
vessels,  as  were  laden  with  the  produce  of  the  islands,  the  prop 
erty  of  French  subjects*  wherever  bound.  This  left  the  direct 
trade  between  the  United  States  and  the  French  islands,  free  to 
American  vessels  laden  with  property  belonging  to  American  cit 
izens*  By  the  new  orders,  vessels  attempting  to  enter  a  blockad- 
aded  port  in  the  French  islands,  or  laden  in  whole  or  in  part,  with 
naval  or  military  stores,  bound  to  the  same,  were  also  made  lia 
ble  to  seizure,  and  to  be  proceeded  with  according  to  the  law  of 
nations. 

The  new  instructions  were  transmitted  to  the  American  exec 
utive,  on  the  9th  of  January,  by  Mr.  Pinckney ;  and  with  other 
communications  from  him,  were  submitted  to  congress,  on  the 
4th  of  April.  If  the  principles  of  the  orders  of  the  6th  of  Novem 
ber,  were  unjustifiable,  much  less  could  the  concealment  of  them, 
for  so  long  a  time  after  they  were  issued  and  in  force,  admit  of 
justification  or  even  apology.  Mr.  Pinckney  had  no  knowledge  of 
them,  until  about  the  26th  of  December,  nor  had  he  an  oppor 
tunity  of  obtaining  from  the  minister,  any  explanation  respecting 
them,  until  about  the  time  of  their  revocation.  In  a  conference 
with  Mr.  Grenville,  he  was  informed,  that  they  were  intended 
to  prevent  abuses,  which  might  take  place  from  the  sailing  of 
the  St.  Domingo  fleet,  to  the  United  States,  and  to  aid  in  a  con 
templated  attack  upon  the  French  Islands,  by  Sir  John  Jarvis 
and  Sir  Charles  Grey  ;  and  that  neutral  vessels  brought  in  under 
them,  were  not  to  be  condemned,  unless  otherwise  legally  liable 
to  condemnation,  This  explanation  was  far  from  being  satis- 


412  POLITICAL  AND  CIVIL  HISTORY 

factory  to  the  American  government ;  and  the  new  orders,  though 
less  objectionable,  because  less  extensive,  still  embraced  prin 
ciples  not  warranted  by  the  law  of  nations. 

The  movements  of  the  British  in  Canada,  during  the  winter  of 
1794,  produced  also  no  little  excitement  in  congress,  as  well  as 
throughout  the  United  States,  and  gave  unequivocal  indications 
of  an  expected  rupture  between  the  two  countries.  On  the  10th 
of  February,  lord  Dorchester,  in  a  speech  to  several  Indian  tribes 
assembled  at  Quebec,  declared,  he  should  not  be  surprised, 
if  Great  Britain  and  the  United  States  were  at  war  in  the 
course  of  the  year;  and  told  them,  in  that  event,  a  line  must  be 
drawn  btj  the  warriors.  Soon  after  this,  governor  Simcoe  estab 
lished  a  military  post  at  the  rapids  of  the  Miami  of  the  lake,  many 
miles  within  the  American  limits,  evidently  with  an  intent  to  en 
courage,  and  if  necessary,  to  support  the  Indians,  then  at  war 
with  the  United  States.  On  these  subjects,  a  correspondence 
took  place  between  the  American  secretary  and  Mr.  Hammond. 
The  latter  attempted  to  justify  the  advance  of  governor  Simcoe, 
as  necessary  to  protect  British  subjects  residing  in  districts  de 
pendent  on  the  fort  at  Detroit  ;  or  to  prevent  that  fort  from  be 
ing  straitened  by  the  approach  of  the  American  army.  In  either 
case  he  intimated,  that  the  status  quo  would  apply,  until  a  final 
arrangement  of  the  points  in  dispute  between  the  two  countries, 
could  be  made. 

In  this  serious  and  threatening  aspect  of  affairs,  the  advocates 
for  commercial  restrictions  considered  the  resolutions  of  Mr. 
Madison  too  limited.  On  the  7th  of  April,  therefore,  a  pro 
position  was  submitted  to  the  house,  by  Mr.  Clark,  declaring 
that  until  the  British  government  should  make  restitution  for 
all  losses  and  damages  sustained  by  the  citizens  of  the  Uni 
ted  States  from  British  armed  vessels,  contrary  to  the  law  of 
nations,  and  also,  until  the  western  posts  be  given  up  by  the  Brit 
ish,  all  commercial  intercourse  between  the  United  States  and 
Great  Britain,  so  far  as  respects  the  products  of  Great  Britain  and 
Ireland,  should  be  prohibited.  This  proposition  produced  a  pro- 


OF  THE  UNITED  STATES.  413 

tracted  as  well  as  ardent  debate,  involving  the  great  and  inter 
esting  question,  as  to  the  most  efficient  and  honorable  course  to 
be  pursued,  in  the  critical  state  of  affairs  with  Great  Britain. 

Pending  this  important  discussion,  the  president,  in  accordance 
with  that  course  of  policy  he  had  uniformly  pursued,  of  preserv 
ing  his  country  in  peace,  so  long  as  the  same  could  be  done,  con 
sistently  with  honor,  and  a  just  regard  to  its  rights,  determined 
to  make  the  last  and  only  effort  for  this  purpose,  which  afforded 
any  prospect  of  success. 

On  the  16th  of  April,  he  nominated  Mr.  Jay,  as  minister  extra 
ordinary  to  the  British  court.  "  The  communications"  he  said 
in  his  message  to  the  senate,  making  this  nomination,  "  which  I 
have  made  to  you,  during  the  present  session,  from  the  despatch 
es  of  our  minister  at  London,  contain  a  serious  aspect  of  our  af 
fairs  with  Great  Britain.  But  as  peace  ought  to  be  pursued  with 
unremitted  zeal,  before  the  last  resource,  which  has  so  often  been 
the  scourge  of  nations,  and  cannot  fail  to  check  the  advanced 
prosperity  of  the  United  States,  is  contemplated,  I  have  thought 
proper  to  nominate,  &c. 

"  My  confidence,"  he  subjoined,  "  in  our  minister  plenipoten 
tiary  in  London,  continues  undiminished  ;  but  a  mission  like  this, 
while  it  corresponds  with  the  solemnity  of  the  occasion,  will  an 
nounce  to  the  world  a  solicitude  for  a  friendly  adjustment  of  our 
complaints,  and  a  reluctance  to  hostility.  Going  immediately 
from  the  United  States,  such  an  envoy  will  carry  with  him  a  full 
knowledge  of  the  existing  temper  and  sensibility  of  our  country  ; 
and  will  thus  be  taught  to  vindicate  our  rights  with  firmness,  and 
to  cultivate  peace  with  sincerity."  The  views  of  the  president  on 
this  trying  occasion,  were  more  particularly  stated,  in  a  note  to 
the  secretary  of  state,  the  day  preceding  this  nomination.  "  My 
objects  are,"  said  the  president,  "  to  prevent  a  war,  if  justice  can 
be  obtained  by  fair  and  strong  representations,  (to  be  made  by  a 
special  envoy,)  of  the  injuries,  which  this  country  has  sustained 
from  Great  Britain,  in  various  ways  :  to  put  it  in  a  complete  state 
of  military  defense — and  to  provide  eventually  such  measures,  as 


414  POLITICAL  AND  CIVIL  HISTORY 

seem  to  be  now  pending  in  congress  for  execution,  if  negociation 
in  a  reasonable  time,  proves  unsuccessful."*  These  views  of  the 
president  were  in  accordance  with  those  of  the  members  of  con 
gress,  who  usually  supported  his  administration,  and  should  free 
their  names  from  the  imputation,  then  cast  upon  them,  of  being 
willing  to  submit  to  the  unjust  aggressions  of  Great  Britain*  As 
early  as  the  10th  of  March,  Mr.  Ellsworth,  a  member  of  the  sen 
ate,  at  the  request  of  Mr.  Strong,  Mr.  Cabot,  and  Mr.  King,  who 
were  also  among  the  most  influential  members  of  that  body,  had 
a  conference  with  the  president,  on  the  critical  state  of  affairs 
with  Great  Britain  ;  and  the  result  of  this  conference  was,  that 
unless  redress  for  injuries  received  could  be  obtained,  by  a  special 
mission  to  the  court  of  London,  war  was  unavoidable  ;  and  to 
meet  the  latter  event,  however  calamitous  it  might  be,  the  coun 
try  must  be  prepared. 

Mr.  Jefferson  and  Mr.  Hamilton,  as  well  as  Mr.  Jay,  were  men 
tioned  to  the  president  by  different  persons,  as  proper  envoys,  on 
this  extraordinary  mission.  The  long  experience  of  Mr.  Jay,  in 
diplomatic  affairs,  probably  gave  him  the  preference,  in  the  mind 
of  the  president.  His  nomination  was  approved  in  the  senate, 
eighteen  to  eight. 

Mr.  Jay  accepted  the  appointment  with  great  reluctance,  and 
not  without  a  full  knowledge  of  the  infinite  difficulties  in  the  way 
of  accomplishing  the  objects  of  his  mission  in  a  manner  which 
should  be  satisfactory.  No  treaty  with  any  foreign  power  had  yet 
been  made  under  the  new  government.  Treaties  had  only  been 
formed  with  the  Indian  tribes ;  and  in  these  instances,  as  well  as 
in  the  instance  of  an  attempt  to  obtain  the  release  of  American 
prisoners  by  a  treaty  with  the  regency  of  Algiers,  the  president 
had  in  person  attended  the  senate,  and  requested  their  advice  as 
to  the  terms  he  was  about  to  propose.  In  this  mode  of  proceed 
ing,  serious  difficulties  had  arisen  ;  and  on  reconsideration,  it 
had  been  deemed  most  consistent  with  the  constitution,  not  to 
consult  the  senate  in  a  formal  manner,  until  a  treaty  had  actual- 

*  Randolph's  Vindication. 


OF  THE  UNITED  STATES.  4 1 5 

ly  been  made.  The  senate,  therefore,  in  this  instance,  were  not 
previously  consulted  by  the  president,  as  to  the  terms  of  a  treaty 
with  Great  Britain.  This  has  ever  since  been  considered  the 
true  construction  of  the  constitution,  and  the  course  then  adopt 
ed  invariably  pursued. 

The  mission  to  England  was  opposed  to  the  sense  of  a  ma 
jority  of  the  house  of  representatives,  and  in  the  senate  it  met 
with  the  opposition  of  Mr.  Munroe,  Mr.  Burr,  and  others.  The 
two  great  and  primary  objects  of  this  mission  were,  the  vexa 
tions  and  spoliations  committed  on  American  commerce,  under 
British  orders  ;  and  the  adjustment  of  all  differences  concerning 
the  treaty  of  peace.  Should  these  points  "  be  so  accommodat 
ed,  as  to  promise  the  continuance  of  tranquility  between  the  Uni 
ted  States  and  Great  Britain,"  "  the  subject  of  a  commercial 
treaty,"  according  to  Mr.  Jay's  instructions,  "  might  then  be  lis 
tened  to,  or  even  broken  to  the  British  ministry." 

Aware  that  the  British  government  might  wish  to  detach  the 
United  States  from  France,  and  even  make  some  overtures  of 
that  kind,  Mr.  Jay  was  specially  instructed  to  say,  "  that  the 
government  of  the  United  States  would  not  derogate  from  their 
treaties  and  engagements  with  France." 

The  advocates  of  commercial  restrictions,  did  not  relax  their 
exertions,  in  consequence  of  the  new  mission  to  England.  They 
viewed  it  as  an  improper  interference  with  their  favorite  system, 
which  they  resolved  still  to  carry  into  effect.  The  proposition 
made  by  Mr.  Clark,  after  much  debate,  was  so  modified  in  the 
house,  as  to  read,  "  whereas  the  injuries  which  have  been  suf 
fered  and  may  be  suffered,  by  the  United  States,  from  viola 
tions  committed  by  Great  Britain  on  their  neutral  rights  and 
commercial  interests,  as  well  as  from  her  failure  to  execute  the 
seventh  article  of  the  treaty  of  peace,  render  it  inexpedient  for 
the  interest  of  the  United  States,  that  the  commercial  intercourse 
between  the  two  countries,  should  continue  to  be  carried  on,  in 
the  extent  at  present  allowed — 

"  Resolved,  That  from  and  after  the  first  day  of  November, 
1794,  all  commercial  intercourse  between  the  citizens  of  the  Uni- 


416  POLITICAL  AND  CIVIL  HISTORY 

ted  States,  and  the  subjects  of  the  king  of  Great  Britain,  or  the 
citizens  or  subjects  of  any  other  nation,  so  far  as  the  same  res 
pects  articles  of  the  growth  or  manufacture  of  Great  Britain  or 
Ireland,  shall  be  prohibited." 

This  resolution  was  adopted  by  the  house  on  the  21st  of 
April,  by  a  majority  of  twenty  ;  and  a  bill  passed  in  pursuance 
of  it ;  but  it  was  negatived  in  the  senate,  by  the  casting  vote 
of  the  vice-president.  To  meet  that  state  of  things,  which  seem 
ed  unavoidable,  in  the  failure  of  the  negotiation,  congress,  after 
the  appointment  of  Mr.  Jay,  proceeded  to  place  the  country  in 
a  posture  of  defense.  The  principal  ports  and  harbors  were 
directed  to  be  fortified.  A  detachment  of  eighty  thousand  mili 
tia  was  required  from  the  several  states,  to  be  ready,  at  a  mo 
ment's  warning ;  the  exportation  of  arms  was  prohibited  for  a 
year,  and  the  importation  of  brass  cannon,  muskets,  swords,  cut 
lasses,  musket  ball,  lead,  and  gun  powder,  was  encouraged,  by 
permitting  them  to  come  in  duty-free  ;  and  a  corps  of  artillerists 
and  engineers  was  established.  The  president  was  also  author 
ized  to  purchase  a  number  of  gallies,  and  to  lay  an  embargo, 
whenever,  in  his  opinion,  the  public  safety  should  require  it,  dur 
ing  the  recess  of  congress.  To  meet  the  necessary  expenses,  the 
internal  taxes  were  increased  by  laying  duties  on  carriages,  snuff, 
refined  sugar,  on  sales  at  auction,  and  on  licenses  for  selling 
wines  and  spirituous  liquors  by  retail.  These  duties  were  violent 
ly  opposed  ;  and  that  on  carriages  was  declared,  by  its  opponents, 
unconstitutional ;  and  in  Virginia  the  collection  of  this  tax  was 
disputed,  until  a  decision  of  the  supreme  court  of  the  United 
States  in  favor  of  it.  The  national  legislature  also,  agreeably  to 
the  recommendations  of  the  president,  at  the  opening  of  the  ses 
sion,  took  measures  to  prevent  the  laws  and  sovereignty  of  the 
country  from  being  again  outraged  by  foreigners,  as  well  as  to 
secure  the  neutrality  of  the  United  States  from  being  compromit- 
ted  by  acts  of  their  own  citizens.  The  enlistment  of  men,  either 
as  soldiers  or  seamen,  within  the  territory  or  jurisdiction  of  the 
United  States,  in  the  service  of  any  foreign  prince  or  state,  was 
prohibited  under  a  penalty  of  one  thousand  dollars,  and  imprison- 


OF  THE  UNITED  STATES.  4I7 

raent  not  exceeding  three  years, — the  arming  of  vessels,  in  Amer 
ican  ports,  to  be  employed  in  the  service  of  any  foreign  slate,  to 
commit  hostilities  upon  the  subjects  or  citizens  of  any  nation, 
with  whom  the  United  States  were  at  peace ;  and  the  issuing  of 
a  commission,  within  the  United  States,  for  any  vessel  to  be  so 
employed,  were  also  prohibited  under  severe  penalties  ;  nor  was 
the  armament  of  any  foreign  vessel  to  be  increased  in  American 
ports.  Persons  who  should  begin  or  set  on  foot,  any  military  ex 
pedition  or  enterprize,  to  be  carried  on  from  the  United  States, 
against  the  dominions  of  any  foreign  power  at  peace  with  them, 
were,  likewise,  subjected  to  severe  punishments;  and  the  president 
was  authorized  to  employ  the  land  and  naval  force  of  the  union, 
to  compel  the  observance  of  these  laws. 

During  this  session  Mr.  Giles  again  moved  for  an  investigation 
into  the  official  conduct  of  the  secretary  of  the  treasury.  A  com 
mittee  for  this  purpose  was  appointed,  (Mr.  Hamilton  himself  de 
siring  an  inquiry,)  and  Mr.  Giles  was  placed  at  the  head  of  the 
committee.  The  result  of  this  investigation,  by  the  political  ene 
mies  of  the  secretary,  was  highly  honorable  to  the  talents  and 
integrity  of  that  great  financier. 

This  interesting  session  of  the  national  legislature  closed  on 
the  9th  of  June,  1794.  The  independent  conduct  of  the  execu 
tive,  had,  for  a  time,  at  least,  stayed  the  calamities  of  war. 

It  is  proper  here  to  state,  that  Mr.  Genet  being  recalled,  his 
place  was  supplied  by  a  successor,  Mr.  Fauchet,  who  arrived  in 
the  United  States  in  February,  1 794. 

The  Brissotine  party  in  France,  which  sent  Genet  to  America, 
had  been  supplanted  by  that  of  Robertspiere  ;  and  many  of  the 
Brissotines  were  sent  to  the  guillotine;  and  there  can  be  no 
doubt,  that  Genet  himself  was  doomed  to  the  same  fate.* 

His  successor  had  special  orders  to  send  him  back  to  France, 
and  for  this  purpose  to  use  force,  if  necessary. 

*  ft  is  not  a  little  singular,  that  the  Jacobin  clubs  in  France,  in  the  formation  of 
which  Genet  himself  had,  probably,  no  inconsiderable  share,  had  denounced  him,  be 
cause  he  had  embroiled  his  country  with  general  Washington.— Diplomacy  of  the 
United  States. 

VOL.  II.  53 


418  POLITICAL  AND  CIVIL  HISTORY 

Fauchet,  therefore,  immediately  after  his  arrival,  finding  that 
Mr.  Genet  did  not  intend  to  return,  requested  liberty  to  arrest 
and  send  him  back,  agreeably  to  his  instructions.  This  was  re 
fused  by  the  president.  Still  desirous  of  effecting  his  object,  he 
enquired  whether  the  executive  would  oppose  his  decoying  him 
on  board  of  a  French  vessel,  under  the  pretence  of  honoring  him 
with  an  entertainment,  and  then  sailing  with  him  for  France- 
Trie  president  not  only  refused  to  wink  at  this  clandestine  mode 
of  proceeding,  but  declared  he  would  resist  it,  if  necessary,  by 
force.  By  this  uptight  and  impartial  conduct,  the  president,  no 
doubt  saved  Mr.  Genet  from  the  guillotine. 

The  conduct  of  the  new  French  minister  was,  at  first  more 
concialitory  than  that  of  his  predecessor.  It  was  soon  appa- 
rant  however,  that  a  change  of  men,  had  not  produced  a  real 
change  in  the  measures  or  views  of  the  French  government,  by 
whomsoever  administered,  in  regard  to  the  United  States.  The 
real  object  of  France  was,  to  induce  the  Americans  to  make 
common  cause  with  her  against  her  enemies,  particularly  Great 
Britain.  Complaints  were  still  urged  against  the  conduct  of 
the  American  executive,  as  hostile  to  France  and  friendly  to 
England.  The  mission  to  the  court  of  London,  was  viewed 
with  particular  jealousy  and  distrust,  by  the  French  republic. 
Aware  that  this  would  be  the  case,  the  president,  about  the  last 
of  May,  1794,  appointed  Mr.  Munroe,  successor  to  Mr.  Morriss, 
who,  at  the  request  of  the  French  government,  had  been  recalled. 

The  appointment  of  this  gentleman  it  was  supposed  might 
tend  to  remove  these  jealousies.  His  instructions  contained  an 
explicit  declaration  of  the  president,  in  favour  of  the  revolution 
in  France.  "  The  president1'  says  the  secretary  in  his  letter  of 
instructions,  "  has  been  an  early  and  decided  friend  of  the  French 
revolution  ;  and  whatever  reasons  there  may  have  been  under 
an  ignorance  of  facts  and  policy,  to  suspend  an  opinion  upon 
some  of  its  important  transactions,  yet  is  he  immutable  in  his 
wishes  for  its  accomplishment  ;  incapable  of  assenting  to  the 
right  of  any  foreign  prince,  to  meddle  with  its  interior  arrange 
ment  ;  and  persuaded  that  success  will  attend  their  efforts,  and 


OF  THE  UNITED  STATES.  419 

particularly,  that  union  among   themselves  is  an  impregnable 
barrier  against  external  assaults." 

With  respect  to  the  conduct  of  the  American  government 
towards  France,  and  the  mission  of  Mr.  Jay,  the  instructions  say, 
"  from  Messrs.  Genet  and  Fauchet  we  have  uniformly  learned, 
that  France  did  not  desire  us  to  depart  from  neutrality  ;  and  it 
would  have  been  unwise  to  have  asked  us  to  do  otherwise.  For 
our  ports  are  open  to  her  prizes,  while  they  are  shut  to  those  of 
Great  Britain,  and  supplies  of  grain  could  not  be  forwarded  to 
France  with  so  much  certainty,  were  we  at  war,  as  they  can 
even  now,  notwithstanding  the  British  restrictions  ;  and  as  they 
may  be,  if  the  demand  to  be  made  upon  Great  Britain  should  suc 
ceed.  We  have  therefore  pursued  neutrality  with  faithfulness  ; 
we  have  paid  more  of  our  debt  to  France  than  was  absolutely 
due,  as  the  secretary  of  the  treasury  asserts  ;  and  we  should  have 
paid  more,  if  the  state  of  our  affairs  did  not  require  us  to  be 
prepared  with  funds  for  the  possible  event  of  war.  We  mean  to 
retain  the  same  line  of  conduct  in  future,  and  to  remove  all  jeal 
ousy,  with  respect  to  Mr.  Jay's  mission  to  London,  you  may 
say,  that  he  is  positively  forbidden  to  weaken  the  engagements 
between  this  country  and  France.  It  is  not  improbable,  that 
you  will  be  obliged  to  encounter,  on  this  head,  suspicions  of  va 
rious  kinds.  But  you  may  declare  the  motives  of  that  mission 
to  be,  to  obtain  immediate  compensation  for  our  plundered  prop 
erty,  and  restitution  of  the  posts.  You  may  intimate  by  way  of 
argument,  but  without  ascribing  it  to  the  government,  that  if 
war  should  be  necessary,  the  affections  of  the  people  of  the 
United  States  towards  it,  would  be  better  secured  by  a  manifes 
tation,  that  every  step  had  been  taken  to  avoid  it ;  and  that  the 
British  nation  would  be  divided,  when  they  found,  that  we 
had  been  forced  into  it.  This  may  be  briefly  touched  upon,  as 
the  path  of  prudence  with  respect  to  ourselves  ;  and  also,  with 
respect  to  France,  since  we  are  unable  to  give  her  aid,  of  men 
or  money.  To  this  matter  you  cannot  be  too  attentive,  an<J  you 
will  be  amply  justified  in  repelling  with  firmness  any  imputation 
of  the  most  distant  intention  to  sacrifice  our  connection  with 


420  POLITICAL  AND  CIVIL  HISTORY,  &c. 

France  to  any  connection  with  England."*  After  stating,  that  the 
subjects  of  treaties  of  commerce,  of  alliance,  and  of  the  execu 
tion  of  the  guaranty  of  the  French  Islands,  were  to  be  referred 
to  the  American  government,  at  home,  it  is  added  at  the  close, 
"  In  short  it  is  expected,  with  a  sure  reliance  on  your  discretion, 
that  you  will  not  commit  the  United  States,  by  any  specific  dec 
larations,  except  where  you  are  particularly  instructed,  and  ex 
cept  in  giving  testimony  of  our  attachment  to  their  cause." 

*  Munroe's  View. 


CHAPTER  XXIII. 

Insurrection  in  the  western  counties  of  Pennsylvania — The  marshall  unable  to  execute 
process — House  of  the  inspector  burnt  by  the  insurgents — Judge  Wilson  declares 
that  the  opposition  to  the  laws  was  too  powerful  to  be  suppressed  by  ordinary  judi 
cial  proceedings — Fifteen  thousand  militia  ordered  out  to  suppress  the  insurrection 
— Commissioners  appointed  to  offer  terms  to  the  insurgents— Mail  robbed— Meet 
ing  at  Braddock's  field— Proceedings  of  the  meeting  at  Parkinson's  ferry — Commis 
sioners  hold  a  conference  with  a  committee  of  the  insurgents — Question  submitted 
to  the  people  whether  they  would  obey  the  laws — The  result  not  satisfactory, 
and  a  military  force  marches  into  the  country — The  insurgents  submit  without 
resistance — General  Wayne  obtains  a  complete  victory  over  the  Indians— Congress 
meet  in  November,  1794 — Speech  of  the  president — Difference  in  the  house  con 
cerning  the  answer  to  the  speech — House  refuse  to  approve  of  the  conduct  of  the 
executive  towards  foreign  nations,  or  to  censure  self-created  societies — Plan  of  the 
secretary  of  the  treasury  for  the  redemption  of  the  public  debt — Adopted  by  con 
gress — Secretaries  of  the  treasury  and  of  war  resign — Negociations  with  Spain  re 
newed — These  interrupted  by  Spain's  joining  the  coalition  against  France — Ameri 
can  commerce  suffers  from  Spanish  depredations — This  produces  new  causes  of 
complaint— Treaty  finally  concluded  in  October,  1795— Negociations  with  Algiers 

for  the  release  of  American  captives— Exorbitant   demands  of  the  Dey  resisted 

The  business  of  procuring  the  release  of  the  first  captives  placed  in  the  hands  of  a 
religious  order  in  France,  but  without  success-— Treaty  made  with  the  Dey  in  Sep 
tember,  1795—Prisoners  not  finally  released  until  1796. 

WHILE  the  president  was  exerting  himself  to  prevent  a  for 
eign  war,  he  was  threatened  with  a  civil  war  at  home.  For 
about  three  years,  the  inhabitants  of  the  counties  in  Pennsylvania, 
lying  west  of  the  Allegany  mountains,  had  opposed  the  execu 
tion  of  the  laws  imposing  duties  on  domestic  spirits.  This  op 
position,  notwithstanding  all  the  exertions  of  congress  and  the 
executive  to  render  the  operation  of  those  laws  as  little  burden 
some  as  possible,  was  now  carried  to  such  a  length,  as  seriously 
to  put  at  hazard  the  peace,  if  not  the  existence  of  the  union. 
The  revenue  officers,  in  attempting  to  do  their  duty,  were  threat 
ened  not  only  with  the  loss  of  their  property,  but  their  lives  ; 
and  in  many  instances,  were  personally  abused  and  compelled 
to  renounce  their  offices.  In  the  summer  of  1794,  the  marshal  of 


422  POLITICAL  AND  CIVIL  HISTORY 

the  district,  in  attempting  to  execute  process  on  the  delin 
quents,  was  attacked  by  an  armed  force,  and  fired  upon,  but 
fortunately  without  injury.  He  was  soon  after  taken  prison 
er  by  an  armed  mob,  his  life  threatened,  and  compelled,  under 
the  fear  of  immediate  death,  to  engage,  not  to  serve  any  pro 
cess  on  the  west  side  of  the  Allegariy  mountains.  In  July,  the 
house  of  general  Neville,  the  inspector,  near  Pittsburgh,  was  at 
tacked,  but  defended  with  so  much  spirit,  that  the  assailants  were 
obliged  to  retire.  Apprehending  a  second  and  more  powerful 
attack,  the  inspector  applied  to  the  judges,  civil  magistrates,  and 
military  officers  for  protection.  But  he  was  informed  that 
the  combination  against  the  execution  of  the  laws,  was  so  gen 
eral  in  that  quarter,  that  no  protection  could  be  given.  The 
attack  was  soon  after  renewed,  by  about  five  hundred  men.  The 
inspector  considering  it  impossible  to  resist  with  effect  so  large  a 
force,  and  that  his  life  must  be  the  sacrifice,  by  the  advice  of  his 
friends,  retired  to  a  place  of  concealment.  About  eleven  men 
from  the  garrison  at  Pittsburgh,  remained  with  a  hope  of  saving 
the  property. 

The  assailants  demanded  that  the  inspector  should  come  out 
and  renounce  his  office,  but  were  informed,  that  he  had  retired 
on  their  approach,  to  some  place  unknown.  The  papers  belong 
ing  to  his  office  were  then  required,  and  after  a  short  but  inde 
cisive  parly  on  the  subject,  the  house  was  attacked,  and  a  firing 
commenced  between  its  occupants  and  the  insurgents  ;  in  con 
sequence  of  which,  one  of  the  assailants  was  killed,  and  a 
number  on  both  sides  wounded.  The  house  was  at  last  set  on 
fire  and  consumed.  The  marshal  and  inspector  made  their  es 
cape  down  the  Ohio,  and  by  a  circuitous  route,  reached  the  seat 
of  government.  The  excise  laws,  as  they  were  called,  were  un 
popular  in  some  of  the  other  states,  and  strong  indications  were 
given  of  a  more  extensive  and  open  opposition. 

The  insurgents  were  no  doubt,  encouraged  by  individuals,  par 
ticularly  by  the  democratic  societies,  in  different  parts  of  the  union. 

This  created  no  little  alarm  in  the  mind  of  the  president,  and 
he  entertained  serious  doubts,  whether  the  militia,  if  called  upon 


OF  THE  UNITED  STATES.  423 

to  suppress  the  insurrection,  would  obey  the  orders  of  the  exec 
utive.  Such,  however,  was  the  conduct  of  the  insurgents,  that 
no  alternative  was  left,  but  either  to  surrender  the  government 
itself  into  the  hands  of  the  lawless  and  disobedient,  or  compel 
submission  by  military  force. 

The  experiment  was  new  but  necessary,  and  the  fate  of  the 
republic  depended  upon  the  issue.  The  law  had  wisely  provided, 
that  before  resort  could  be  had  to  the  last  alternative,  an  associate 
justice  or  district  judge  of  the  United  States  must  declare  and 
give  notice,  that  the  laws  were  opposed,  and  the  execution  thereof 
obstructed  by  combinations  too  powerful  to  be  suppressed  by  the 
ordinary  course  of  judicial  proceedings,  or  the  powers  vested  in 
the  marshals  ;  and  that  the  president  should  also  by  proclamation, 
command  the  insurgents  to  disperse  and  retire  peaceably  to 
their  respective  homes,  within  a  limited  time. 

Such  a  declaration  or  notice  was  given  by  James  Wilson,  an 
associate  justice  ;  and  on  the  7th  of  August,  a  proclamation  was 
issued,  in  which,  after  stating  the  various  acts  and  combinations 
of  the  insurgents,  the  president  declared — "  and  whereas  it  is,  in 
my  judgment,  necessary  under  the  circumstances  of  the  case,  to 
take  measures  for  calling  forth  the  militia,  in  order  to  suppress 
the  combinations  aforesaid,  and  to  cause  the  laws  to  be  duly  ex 
ecuted  ;  and  I  have  accordingly  determined  so  to  do.  feeling  the 
deepest  regret  for  the  occasion,  but  with  the  most  solemn  convic 
tion,  that  the  essential  interests  of  the  union  demand  it — that  the 
very  existence  of  the  government,  and  the  fundamental  principles 
of  social  order,  are  materially  involved  in  the  issue  :  and  that  the 
patriotism  and  firmness  of  all  good  citizens  are  seriously  called 
upon,  as  occasion  may  require,  to  aid  in  the  effectual  suppression 
of  so  fatal  a  spirit."  The  insurgents  were  required  to  disperse 
and  retire  to  their  respective  homes,  by  the  first  of  the  following 
September.  At  the  time  of  issuing  the  proclamation,  requisitions 
were  made  on  the  governors  of  New  Jersey,  Pennsylvania,  Mary 
land,  and  Virginia,  for  their  quotas  of  about  twelve  thousand  men, 
to  be  organized  to  march  at  a  minutes  warning.  The  number  of 
troops  was  afterwards  augmented  to  fifteen  thousand. 


424  POLITICAL  AND  CIVIL  HISTORY 

Unwilling  however,  to  resort  to  military  coercion,  until  every 
other  expedient  had  failed,  the  president,  with  a  truly  paternal 
care,  made  one  more  peaceable  effort  to  bring  the  disaffected  to 
a  sense  of  their  duty.  He  appointed  James  Ross,  Jasper  Yates, 
and  William  Bradford,  gentlemen  distinguished  for  their  talents 
and  integrity,  commissioners  to  repair  to  the  scene  of  the  insurrec 
tion,  for  the  purpose  of  conferring  with  the  insurgents,  to  represent 
to  them  how  painful  to  the  president  was  the  idea  of  exercising 
military  power,  and  that  it  was  his  earnest  wish  to  render  it  unne 
cessary,  by  those  endeavors  which  humanity,  a  love  of  peace  and 
tranquility,  and  the  happiness  of  his  fellow  citizens,  dictated. 
The  commissioners  were  empowered  to  promise  an  amnesty, 
and  perpetual  oblivion  of  the  past,  on  condition  of  future  submis 
sion  to  the  laws.  Two  commissioners  were  appointed  by  the 
state  of  Pennsylvania,  to  join  with  those  on  the  part  of  the  Uni 
ted  States. 

Previous  to  this,  by  the  orders  of  Bradford,  one  of  the  principal 
leaders  of  the  opposition,  the  mail  was  stopped  by  force,  and  sun 
dry  letters  from  gentlemen  at  Pittsburgh,  giving  an  account  of  the 
proceedings  of  the  insurgents,  were  taken  out  and  opened. 

The  authors  of  these  letters  became  extremely  obnoxious  to 
Bradford  and  his  associates;  and  soon  after,  a  circular  letter,  sign 
ed  by  him  and  six  others,  was  addressed  to  the  militia  officers, 
stating,  their  suspicions  that  the  Pittsburgh  post  would  carry 
the  sentiments  of  some  of  the  people,  relative  to  the  situation 
of*affairs  in  that  country,  and  that  letters  by  that  post  were  in 
their  possession,  by  which  "  certain  secrets  were  discovered 
hostile  to  their  interest ;"  and  that  a  crisis  had  arrived,  in  which 
every  citizen  must  express  his  sentiments,  "  not  by  his  words, 
but  his  actions"  The  officers  were,  therefore,  called  upon  to 
render  their  personal  services,  with  as  many  volunteers  as  they 
could  raise,  to  rendezvous  at  the  celebrated  Braddock's  field,  with 
arms  and  accoutrements  in  good  order.  The  real  object  of  this 
meeting,  as  previously  arranged  by  the  signers  of  the  circular 
letter,  though  disclosed  to  a  few  only,  was  to  attack  the  garrison 
at  Pittsburgh,  and  seize  the  arms  and  ammunition  there,  for  their 


OF  THE  UNITED  STATES.  425 

own  defense.  In  justification  of  this  bold  measure,  they  referred 
to  the  former  conduct  of  the  colonists,  at  the  commencement  of 
the  revolution,  in  seizing  British  posts  and  arms,  until  their  griev 
ances  were  redressed,  as  applicable  to  their  situation.  This  pro 
ject,  however,  when  disclosed  to  some  who  were  less  rash  and 
impetuous,  was  considered  too  daring  to  be  carried  into  execution ; 
and  before  the  time  of  the  meeting,  was  relinquished.  Several 
thousands,  however,  met  at  the  place  of  rendezvous,  many  with 
arms,  and  were  harangued  and  reviewed  by  Bradford,  who  assum 
ed  the  command.  Little  was  actually  done  at  this  meeting,  ex 
cept  ordering  general  Gibson  and  colonel  Nevil,  the  authors  of 
the  letters  robbed  from  the  mail,  to  be  expelled  from  Pittsburgh. 

A  meeting  of  delegates  from  four  of  the  western  counties,  and 
from  the  county  of  Ohio,  in  Virginia,  was  held  at  Parkinson's 
ferry,  on  the  1 4th  of  August.  This  meeting,  consisting  of  about 
two  hundred  delegates,  was  composed  of  some  of  the  more  mod 
erate,  as  well  as  the  most  daring  and  turbulent.  Edward  Cooke 
was  elected  chairman,  and  Albert  Gallatin  secretary.  The  meet 
ing,  which  was  held  in  the  field,  was  opened  by  Bradford,  in  an 
inflammatory  harangue,  and  comments  on  the  letters  taken  from 
the  mail.  Mr.  Marshall,  one  of  those  who  called  the  meeting  at 
Braddock's  field,  then  introduced  sundry  resolutions,  one  of  which 
was,  "  that  a  standing  committee  be  appointed,  to  consist  of 
members  from  each  county,  to  be  denominated  a  committee  of 
public  safety  ;  whose  duty  it  shall  be  to  call  forth  the  resources 
of  the  western  country  to  repel  any  hostile  attempts  that  might  be 
made  against  the  citizens,  or  the  body  of  the  people."  The  latter 
part  of  this  resolution,  which  was  an  open  and  avowed  act  of 
rebellion,  was  opposed  by  Mr.  Gallatin,  and  after  some  delay,  the 
mover  proposed  to  withdraw  it,  provided  a  committee  of  sixty 
should  be  appointed,  with  power  to  call  another  meeting. 

The  resolutions  offerred  by  Mr.  Marshall,  were  referred  to  a 
committee,  and  after  being  amended  and  modified,  were  passed.* 

*  The  proceedings  of  the  executive  respecting  the  insurgents,  and  Findley's  History 
of  the  insurrection. 

VOL.  IT.  54 


426  POLITICAL  AND  CIVIL  HISTORY 

The  first  declared,  that  taking  citizens  from  their  respective 
abodes  or  vicinage,  to  be  tried  for  real  or  supposed  offenses,  was 
a  violation  of  their  rights,  a  forced  and  dangerous  construction  of 
the  constitution,  and  ought  not,  under  any  pretence  whatever, 
to  be  exercised  by  the  judicial  authority. 

The  second  appointed  a  standing  committee  of  one  from  each 
township,  to  draft  a  remonstrance  to  congress,  praying  for  a  re 
peal  of  the  excise  laws,  and  the  substitution  of  a  tax  less  odious  ; 
and  to  give  assurances,  that  such  a  tax  should  be  faithfully 
paid — To  make  a  statement  of  the  late  transactions  in  relation 
to  these  laws,  with  the  causes  which  led  to  them,  and  to  make 
a  representation  to  the  president  on  the  subject ;  with  power 
also  to  call  another  meeting. 

The  third  recommended  to  their  fellow  citizens  to  exert  them 
selves  in  support  of  the  municipal  laws  of  the  respective  states, 
and  especially  in  preventing  any  violation  or  outrage  against  the 
property  or  person  of  any  individual. 

And  the  fourth  appointed  a  committee  of  three  from  each  coun 
ty,  to  meet  the  commissioners  of  the  government,  and  to  report  the 
result  of  their  conference  to  the  standing  committee.  This  meet 
ing  was  attended  by  many  spectators.  The  feelings  of  individu 
als  were  expressed  in  a  variety  of  ways,  on  this  occasion.  A 
liberty  pole  was  erected  in  view  of  the  meeting,  with  a  motto, 
"  liberty  and  no  excise,  and  no  asylum  for  cowards  or  traitors." 

The  meeting  being  dissolved,  the  standing  committee,  consist 
ing  of  sixty,  agreed  to  meet  at  Redstone  Old  Fort,  on  the  second 
of  September.  The  commissioners  of  the  general  government, 
as  well  as  of  the  state  of  Pennsylvania,  agreeably  to  previous  ar 
rangement,  met  the  conferees  at  Pittsburgh;  and  the  former 
proposed  a  general  amnesty,  on  condition  of  submission  to  the 
laws. 

This  proposition  met  with  the  entire  approbation  of  all  the  con 
ferees,  with  the  exception  of  Bradford,  and  they  engaged  to  re 
commend  a  compliance  on  the  part  of  the  people.  The  result 
of  the  conference  was  made  known  to  the  standing  committee  at 


OF  THE  UNITED  STATES.  427 

Redstone  on  the  28th  of  August,  (a  meeting  of  that  body  having 
been  called  four  days  earlier  than  that  agreed  to)  and  produced 
very  warm  and  violent  debates  The  restless  and  turbulent  spirits 
were  not  yet  willing  to  yield.  Bradford,  in  particular,  was  mad 
enough,  not  only  to  recommend  a  perseverance  in  their  opposition 
to  the  laws,  but  to  urge  the  establishment  of  an  independent  gov- 
emmet ;  declaring,  that  the  general  government  had  been  only 
trifling  with  Spain  about  the  Mississippi,  and  with  Great  Britain 
respecting  the  Indians.  Being  independent,  he  said,  they  could 
settle  these  disputes,  in  a  short  period. 

Although  the  committee  urged  the  acceptance  of  the  proposi 
tion  of  the  commissioners  in  full,  yet  a  small  majority  only  could 
be  procured  to  declare,  as  their  opinion,  it  was  for  the  interest  of 
the  people  to  accede  to  it.  This  question  was  taken  by  ballot, 
by  which  the  votes  were  concealed,  and  each  had  an  opportu 
nity  of  sheltering  himself  from  the  resentment  of  those,  from  whom 
violence  was  apprehended ;  and  it  was  supposed,  that  had  it 
been  taken  publicly,  it  would  have  been  negatived. 

As  no  reliance  could  be  placed  on  the  proceedings  of  the  gen 
eral  committee,  it  was  deemed  proper  to  refer  the  subject  to 
the  people  themselves.  A  second  committee  was  appointed  to 
confer  with  the  commissioners,  and  it  was  agreed  between  them, 
that  the  sense  of  the  people  should  be  taken  publicly  in  townships, 
and  that  each  individual  should  subscribe  the  following  written 
or  printed  declaration — "  I  do  solemnly  promise  henceforth  to 
submit  to  the  laws  of  the  United  States  ;  that  I  will  not  indirectly 
oppose  the  execution  of  the  acts  for  raising  a  revenue  on  distilled 
spirits  and  stills,  and  that  I  will  support,  as  far  as  the  law  requires, 
the  civil  authority,  in  affording  the  protection  due  to  all  officers 
and  other  citizens."  This  question  was  to  be  proposed  to  all  cit 
izens  of  the  age  of  eighteen  years  and  upwards,  by  two  or  more 
members  of  the  meeting  at  Parkinson's  ferry,  or  a  justice  of  the 
peace  of  the  township  where  the  people  should  be  assembled,  and 
a  report  of  the  numbers  voting  in  the  affirmative  and  negative, 
was  to  be  made  by  them  to  the  commissioners,  by  the  16th  of 
September  ;  together  with  their  opinion,  whether  there  was  such 


428  POLITICAL  AND  CIVIL  HISTORY 

a  general  submission  of  the  people,  in  their  respective  counties; 
that  an  office  of  inspection  might  be  immediately  and  safely  es 
tablished  there. 

From  various  causes,  a  compliance  with  the  terms  proposed, 
was  so  limited  and  partial  in  the  survey,  embracing  the  several 
counties,  in  which  the  opposition  had  prevailed,  the  commission 
ers  in  their  report  to  the  president,  deemed  it  their  duty  to  declare 
their  opinion,  that  such  was  the  state  of  things  in  that  survey, 
"  that  there  is  no  probability,  that  the  act  for  raising  a  revenue  on 
distilled  spirits  and  on  stills,  can  at  present  be  enforced  by  the 
usual  course  of  civil  authority,  and  that  some  more  competent 
force  is  necessary  to  cause  the  laws  to  be  duly  executed,  and  to 
insure  to  the  officers  and  well  disposed  citizens  that  protection 
which  it  is  the  duty  of  government  to  afford." 

On  the  receipt  of  this  report,  the  president  was  under  the  pain 
ful  necessity  of  putting  the  military  force  in  motion;  and  his  se 
cond  proclamation,  declaring  this  event,  was  issued  on  the  25th 
of  September ;  announcing  to  the  world,  that  this  step  was  taken 
"  in  obedience  to  that  high  and  irresistible  duty  consigned  to  him 
by  the  constitution,  to  take  care  that  the  laws  be  faithfully  exe 
cuted  ;"  deploring  that  the  American  name  should  be  sullied  by 
the  outrages  of  citizens  on  their  own  government,  and  commiser 
ating  such  as  remained  obstinate  from  delusion  ;  at  the  same  time 
declaring  his  resolution,  in  perfect  reliance  on  that  gracious  Pro 
vidence,  which  had  so  signally  displayed  its  goodness  towards  his 
country,  to  reduce  the  refractory  to  a  due  subordination  to  the  law. 

It  does  not  fall  within  the  limits  of  our  design,  to  present  a 
view  of  the  military  operations  which  followed.  We  shall  only 
observe,  that  the  call  of  the  father  of  his  country,  was  cheerfully  as 
well  as  promptly  obeyed  by  the  militia,  that  he  attended  the  army 
in  person,  and  that  by  his  wise  and  energetic  measures,  and  by 
the  prudent  conduct  of  the  militia  themselves,  this  formidable 
insurrection  was  suppressed  without  bloodshed,  and  the  govern 
ment  and  laws  preserved.* 

*  Bradford  made  his  escape  into  the  Spanish  dominions,  two  others  of  the  principal 
insurgents,  Philip  Vigol  and  John  Mitchell,  were  tried  for  treason  and  found  guilty, 
but  afterwards  pardoned  by  the  president. 


OF  THE  UNITED  STATES.  429 

We  would  here  state,  that  during  the  summer  of  this  year,  gen 
eral  Wayne  obtained  a  complete  victory  over  the  hostile  Indians, 
near  the  Miami  of  the  lake,  and  almost  under  the  guns  of  the  British 
fort,  then  lately  erected  in  that  country.  This  decisive  victory  put 
an  end  to  a  war,  which  had  so  long  desolated  the  frontiers,  al 
though  a  treaty  with  the  hostile  tribes,  was  not  concluded  until 
the  following  year. 

The  national  legislature  had  adjourned  to  meet  on  the  first 
Monday  in  November,  1 794,  but  a  quorum  of  the  senate  was  not 
formed  until  the  18th  of  that  month.  The  president's  speech  to 
both  houses,  contained  a  particular  review  of  the  insurrection  in 
Pennsylvania,  and  of  the  measures  taken  to  suppress  it.  The 
promptitude  with  which  his  call  for  support  from  his  fellow  citi 
zens  had  been  obeyed,  demonstrated,  he  said,  that  they  under 
stood  the  true  principles  of  government  and  liberty,  and  "that 
notwithstanding  all  the  devices  which  have  been  used  to  sway 
them  from  their  interest  and  duty,  they  are  now  as  ready  to  main 
tain  the  authority  of  the  laws  against  licentious  invasions,  as  they 
were  to  defend  their  rights  against  usurpation."  While  he  thus 
offered  the  meed  of  praise  to  the  militia,  he  also  said — "  to  every 
description  of  citizens  let  praise  be  given  ;  but  let  them  persevere 
in  their  affectionate  vigilance  over  that  precious  depository  of 
American  happiness,  the  constitution  of  the  United  States.  Let 
them  cherish  it  too,  for  the  sake  of  those,  who  from  every  clime 
are  daily  seeking  a  dwelling  in  our  land.  And  when  in  the  calm 
moments  of  reflection,  they  shall  have  retraced  the  origin  and 
progress  of  the  insurrection,  let  them  determine  whether  it  has 
not  been  fomented  by  combinations  of  men,  who,  careless  of  con- 
sequences^  and  disregarding  the  unerring  truth,  that  those  who 
rouse,  cannot  always  appease  a  civil  convulsion,  have  dissemina- 
ted,froman  ignorance  or  perversion  of  facts,  suspicions,  jealousies, 
and  accusations  of  the  whole  government." 

In  calling  out  the  militia  in  this  emergency,  the  defects  of  the 
militia  system  itself  became  more  apparent,  and  the  president 
most  earnestly  recommended  a  revision. 

He  likewise  called  the  atttention  of  congress,  to  the  important 
subject  of  providing  for  the  redemption  of  the  public  debt. 


430  POLITICAL  AND  CIVIL  HISTORY 

"  The  time,"  he  remarked,  "  which  has  elapsed  since  the  com 
mencement  of  our  fiscal  measures,  has  developed  our  pecuniary 
resources,  so  as  to  open  a  way  for  a  definitive  plan  for  the  re 
demption  of  the  public  debt.  It  is  believed,  that  the  result  is 
such  as  to  encourage  congress  to  consummate  this  work  without 
delay.  Nothing  can  more  promote  the  permanent  welfare  of 
the  nation,  and  nothing  would  be  more  grateful  to  our  constitu 
ents."  While  he  reserved  certain  circumstances  concerning  in 
tercourse  with  foreign  nations,  for  a  future  communication,  he 
thought  proper  to  announce  to  congress,  that  his  policy,  in  foreign 
transactions,  had  been,  "  to  cultivate  peace  with  all  the  world  ;  to 
check  every  deviation  from  the  line  of  impartiality ;  to  explain 
what  may  have  been  misapprehended,  and  correct  what  may 
have  been  injurious  to  any  nation  ;  and  having  thus  acquired  the 
right,  to  lose  no  time  in  acquiring  the  ability,  to  insist  upon 
justice  being  done  to  ourselves."  Nor  did  he  omit,  in  the  inter 
esting  and  critical  situation  in  which  his  country  was  placed,  in 
conclusion,  to  request  all  to  unite,  "  in  imploring  the  Supreme 
Ruler  of  nations,  to  spread  his  holy  protection  over  these  United 
States  ;  to  turn  the  machinations  of  the  wicked  to  the  confirming 
our  constitution ;  to  enable  us,  at  all  times,  to  root  out  internal 
sedition,  and  put  invasion  to  flight ;  to  perpetuate  to  our  country 
that  prosperity  which  his  goodness  has  already  conferred,  and  to 
verify  the  anticipations  of  this  government  being  a  safeguard  to 
human  rights." 

The  answer  of  the  senate,  reported  by  Mr.  King,  Mr.  Ellsworth, 
and  Mr.  Izard,  expressed  an  entire  approbation  of  the  policy 
of  the  president,  with  respect  to  foreign  nations,  as  well  as  his 
conduct  in  relation  to  the  insurgents. 

"  Our  anxiety,"  they  said, "  arising  from  the  licentiousness  and 
open  resistence  to  the  laws,  in  the  western  counties  of  Pennsyl 
vania,  had  been  increased  by  the  proceedings  of  certain  self-cre 
ated  societies,  relative  to  the  laws  and  administration  of  the  gov 
ernment  ;  proceedings,  in  our  apprehension,  founded  in  political 
error,  calculated,  if  not  intended,  to  disorganize  our  government, 
and  which,  by  inspiring  delusive  hopes  of  support,  have  been 


OF  THE  UNITED  STATES.  431 

instrumental  in  misleading  our  fellow  citizens  in  the  scene  of  in 
surrection." 

The  declaration  in  the  speech  relative  to  the  influence  of  com 
binations  of  men,  in  fomenting  the  insurrection,  created  no  little 
feeling,  both  in  and  out  of  congress. 

The  answer  of  the  house,  as  reported  by  Mr.  Madison,  Mr. 
Sedgwick,  and  Mr.  Scott,  was  silent,  not  only  with  respect  to 
those  combinations,  but  also  as  to  the  success  of  general  Wayne, 
and  the  policy  of  the  executive,  in  relation  to  foreign  nations. 
The  mission  of  Mr.  Jay,  to  which  a  majority  had  been  opposed, 
as  an  improper  interference  with  their  favorite  system  of  com 
mercial  restrictions,  was  not  yet  forgotten,  and  the  same  majority 
refused  to  express  their  approbation  of  the  policy  of  the  executive, 
in  regard  to  foreign  nations.  Nor  could  a  vote  of  direct  censure 
of  self-created  societies  be  procured,  without  confining  it  to  those 
in  the  four  western  counties  of  Pennsylvania,  and  parts  adjacent. 

The  subject  of  making  provision  for  the  redemption  of  the 
public  debt,  occasioned  much  debate,  as  well  as  great  division  in 
the  house. 

It  was  a  favorite  measure  with  the  secretary  of  the  treasury,  as 
well  as  with  the  president.  The  former,  on  the  15th  of  January, 
1795,  submitted  to  congress  a  plan  for  this  purpose,  drawn  with 
his  usual  ability. 

The  secretary  proposed,  an  increase  of  the  sinking  fund,  by 
adding  to  it,  duties  on  imports  and  tonnage,  on  spirits  distilled 
within  the  United  States,  and  on  stills,  the  avails  of  the  sales  of 
the  public  lands,  the  dividends  on  bank  stock  belonging  to  the 
United  States,  and  the  interest  of  the  money,  which  should  be 
redeemed,  together  with  all  monies  which  should  be  received 
from  debts  due  to  the  United  States  antecedent  to  the  constitu 
tion,  and  all  surplusses  of  the  amount  of  revenues,  which  should 
remain  at  the  end  of  every  calendar  year  beyond  the  amount 
of  appropriations  charged  upon  them,  and  which  during  the 
session  of  congress  commencing  next  thereafter,  should  not  be 
especially  appropriated.  This  fund  was  to  be  applied  to  the 
payment  of  the  six  per  cent  and  deferred  stock,  according  to  the 


432  POLITICAL  AND  CIVIL  HISTORY 

right  reserved  to  the  United  States,  that  is,  tcTthe  payment  of 
eight  per  cent,  on  account  of  the  principal  and  interest,  and  to 
continue  until  the  whole  should  be  paid  and  redeemed  ;  and  af 
ter  such  redemption,  the  same  fund  to  continue  appropriated 
until  the  residue  of  the  debt  of  the  United  States,  foreign  and 
domestic,  funded  and  infunded  should  be  redeemed  and  discharg 
ed.  The  faith  of  the  United  States  was  to  be  firmly  pledged  to 
the  creditors  for  the  inviolable  application  of  this  fund  to  the 
payment  of  the  debts,  until  the  same  should  be  fully  conpleted  ; 
and  for  this  purpose,  the  fund  was  to  be  vested  in  the  commission 
ers  of  the  sinking  fund  as  '-'•property  in  trust" 

The  importance  of  this  measure,  for  the  purpose  of  preven 
ting  the  evils  arising,  from  a  great  accumulation  of  debt,  was  pres 
sed  upon  the  legislature  by  the  secretary,  in  a  manner  calculated 
to  produce  conviction. 

"  There  is  no  sentiment"  he  remarked  "  which  can  better 
deserve  the  serious  attention  of  the  legislature  of  a  country,  than 
the  one  expresed  in  the  speech  of  the  president ;  which  indicates 
the  danger  to  every  government,  from  the  progressive  accumula 
tion  of  debt.  A  tendency  to  it  is  perhaps  the  natural  disease 
of  all  governments  ;  and  it  is  not  easy  to  conceive  any  thing  more 
likely  than  this,  to  lead  to  great  and  convulsive  revolutions  of  em 
pires.  On  the  one  hand,  the  exigencies  of  a  nation  creating  new 
causes  of  expenditure,  as  well  from  its  own,  as  from  the  ambi 
tion,  rapacity,  injustice,  intemperance  and  folly  of  other  nations, 
proceed  in  increasing  and  rapid  succession.  On  the  other,  there 
is  a  general  propensity  in  those  who  administer  the  affairs  of  gov 
ernment,  founded  in  the  constitution  of  man,  to  shift  off  the  bur 
den  from  the  present  to  a  future  day ;  a  propensity,  which  may 
be  expected  to  be  strong  in  proportion  as  the  form  of  the  state 
is  popular." 

The  difficulties  arising  from  this  propensity  in  a  republican 
government,  as  well  as  the  inconsistency  of  those,  who,  to  ob 
tain  popularity,  will  loudly  declaim  against  the  accumulation  of 
debt,  and  in  favor  of  its  reduction  as  abstract  questions  ;  and  yet 
from  the  same  motives,  will  as  loudly  declaim  against  the  very 


OF  THE  UNITED  STATES.  433 

means,  which  can  alone  prevent  the  one,  and  effect  the  other, 
are  stated  by  the  Secretary,  with  great  perspicuity  and  truth. 

"  To  extinguish  a  debt"  he  observed,  "  which  exists,  and  to 
avoid  contracting  more,  are  ideas  almost,  always  favored  by  pub 
lic  feeling  and  opinion,  but  to  pay  taxes  for  the  one  or  the  other 
purpose,  which  are  the  only  means  to  avoid  the  evil,  is  always 
more  or  less  unpopular.  These  contradictions  are  in  human  na 
ture.  And  the  lot  of  a  country  would  be  enviable  indeed,  in 
which  there  were  not  always  men,  ready  to  turn  them  to  the  account 
of  their  own  popularity,  or  to  some  other  sinister  account.  Hence 
it  is  no  uncommon  spectacle  to  see  the  same  man  clamoring  for 
occasions  of  expense,  when  they  happen  to  be  in  unison  with 
the  present  humour  of  the  community,  well  or  ill  directed,  de 
claiming  against  a  public  debt,  and  for  the  reduction  of  it  ; 
yet  vehement  against  every  plan  of  taxation,  which  is  proposed 
to  discharge  old  debts,  or  to  avoid  new,  by  defraying  the  expen 
ses  of  exigencies  as  they  emerge." 

An  act  finally  passed,  on  this  important  subject,  during  this 
session,  substantially  in  accordance  with  the  plan  suggested  by 
the  secretary,  though  congress  were  divided  on  the  question  of 
pledging  the  internal  duties.  The  funds  appropriated  for  the 
reimbursement  and  redemption  of  the  debt,  were  by  law  vested 
in  the  commissioners  of  the  sinking  fund,  in  trust  for  that  object, 
and  the  faith  of  the  United  States  was  pledged,  that  the  funds 
should  inviolably  so  remain  appropriated  and  vested,  until  the 
whole  debt  should  be  paid. 

These  funds  were  to  be  applied  to  the  payment  of  eight  per 
cent,  per  annum,  on  account  of  the  principal  and  interest  of  the 
six  per  cent  and  deferred  stock,  and  the  surpluss  to  the  payment 
of  the  other  debts  foreign  and  domestic.  In  pursuance  of  this 
compact  with  the  public  creditors,  the  six  per  cent,  stock  was 
fully  paid  in  the  year  1818,  and  the  deferred  stock  in  1824. 

The  total  amount  of  the  unredeemed  debt  of  the  United  States 
(including  the  assumed  debt,)  in  1 795,  was  $76,096,468  1 7. 

During  this  session  of  congress,  Mr.  Hamilton  the  secretary 
of  the  treasury,  gave  in  his  resignation,  and  Mr.  Oliver  Wolcott 

VOL.  II.  55 


434  POLITICAL  AND  CIVIL  HISTORY 

who  had  been  comptroller  from  the  commencement  of  the  gov 
ernment,  was  appointed  his  successor.  On  the  first  of  January 
of  this  year,  general  Knox,  who  had  been  long  secretary  at 
war,  also  resigned  his  place,  and  colonel  Pickering  was  appoint 
ed  in  his  room. 

It  will  be  remembered  that  the  disputes  with  Spain,  concern 
ing  limits  and  the  navigation  of  the  Mississippi,  were  by  the  old 
congress,  just  at  the  close  of  their  existence,  referred  to  the  new 
government.  Since  the  peace  of  1783,  the  Spaniards  had  kept, 
possession  of  the  country  north  of  latitude  31°,  to  the  mouth  of 
the  river  Yazoo,  and  had  built  a  fort  at  the  Walnut  Hills.  They 
had  also,  in  May,  1790,  made  a  treaty  with  the  Chickesaw  and 
Cherokee  nations  of  Indians,  and  taken  them  under  their  protec 
tion.  By  this  treaty  these  tribes  acknowledged,  that  the  territo 
ry  south  of  the  Yazoo  belonged  to  the  Spaniards,  and  promised 
to  support  them  in  the  possession  of  it.  The  Spaniards,  on  the 
other  hand,  engaged  to  protect  these  Indians,  in  the  possession  of 
their  lands.  Individuals  also,  supposed  to  be  under  the  influence 
of  the  Spanish  government,  fomented  difficulties  among  the 
Creeks,  in  consequence  of  a  treaty  they  had  made  with  the  Uni 
ted  States,  in  August  of  the  same  year,  and  instigated  them  to 
acts  of  hostility. 

An  expected  rupture  between  Great  Britain  and  Spain,  in  the 
year  1790,  in  consequence  of  disputes  relative  to  Nootka  Sound, 
seemed  to  present  a  favorable  moment  for  the  renewal  of  the  ne- 
gociations  with  the  latter.  The  president,  therefore,  gave  special 
instructions  to  the  American  representative  at  the  Spanish  court 
on  the  subject,  and  sent  them  by  colonel  Humphreys,  then  ap 
pointed  a  minister  resident  at  the  court  of  Portugal.  The  ami 
cable  adjustment  of  the  disputes  between  Great  Britain  and 
Spain,  prevented  any  thing  being  done  under  these  instructions. 

Intimations,  however,  having  been  given  to  the  American  ex 
ecutive  the  next  year,  that  the  Spanish  court  was  disposed  to  re 
new  the  negociations  at  Madrid,  Messrs.  Carmichael  and  Short 
were  appointed  commissioners  plenipotentiary,  on  the  part  of 
the  United  States.  Their  instructions  extended  to  the  subject  of 


OF  THE  UNITED  STATES.  435 

commerce,  as  well  as  limits  and  the  navigation  of  the  Mississippi. 
They  were  directed  to  insist  on  the  right  of  the  United  States  to 
the  free  navigation  of  that  river,  and  to  extend  their  southern 
limits  to  latitude  31°.  The  claim  to  extend  so  far  south,  was 
founded  on  ancient  charters,  and  the  settlement  of  the  line  be 
tween  Georgia  and  West  Florida,  by  the  royal  proclamation  of 
October,  1763. 

Their  right  to  navigate  the  Mississippi,  was  claimed, 

1.  Under  the  treaty  of  Paris  in  1763. 

2.  Under  the  treaty  of  peace  in  1782 — 3. 

3.  By  the  law  of  nature  and  nations. 

Mr.  Gardoqui  was  again  appointed  negociator  on  the  part  of 
Spain.  When  pressed,  in  the  course  of  the  negociation,  on  the 
subject  of  limits  and  navigation,  he  again  assured  the  American 
commissioners,  that  the  right  of  the  United  States  to  navigate 
the  Mississippi,  would  never  be  yielded  by  his  catholic  majesty. 
As  to  limits,  he  declared  the  right  of  Spain  to  the  country  pos 
sessed  by  her,  north  of  the  thirty  first  degree  of  north  latitude, 
rested  on  her  conquest  of  it,  as  territory  originally  belonging  to 
Great  Britain  ;  or  if  it  was  not  a  part  of  West  Florida,  he  intima 
ted  that  Spain,  until  she  had  acknowledged  the  independence  of 
the  United  States,  had  a  right  to  make  conquests  within  their 
limits.* 

This  important  negociation  remained  in  this  situation  until 
Spain  joined  the  coalition  against  France,  and  entered  into  a 
treaty  with  Great  Britain.  By  this  treaty  she  also  engaged  to 
take  every  measure  in  her  power  to  distress  the  trade  of  France ; 
and  for  this  purpose  to  prevent  neutral  powers  from  affording 
any  protection  to  French  commerce  and  property. 

In  consequence  of  this,  American  commerce  became  the  prey 
of  Spanish,  as  well  as  British  cruizers  ;  and  new  subjects  of  com 
plaint  engaged  the  attention  of  the  American  commissioners  at 
the  court  of  Madrid. 

In  the  progress  of  the  war,  however,  Spain  became  dissatisfied 
with  the  conduct  of  Great  Britain,  and  the  invasion  of  her  terri- 
*  State  Paper*,  vol.  l,p.  160. 


436.  POLITICAL  AND  CIVIL  HISTORY 

tory  by  France,  gave  serious  alarm  to  the  Spanish  court.  In  the 
summer  of  1794  the  commissioners  of  his  catholic  majesty,  infor 
mally  made  certain  propositions  to  the  American  executive ;  in 
consequence  of  which,  the  president  determined  to  send  an  envoy 
extraordinary,  to  conclude  the  negociations  at  Madrid.  Mr. 
Thomas  Pinckney,  then  minister  at  London,  was  selected  for  this 
purpose.  Mr.  Pinckney  arrived  at  Madrid  about  the  last  of  June, 
1795,  and  the  negoeiation  was  renewed  between  him  and  the 
duke  de  la  Alcudia.  In  consequence  of  the  success  of  the 
French  arms,  Spain  at  this  time  was  obliged  to  make  peace  with 
France  ;  and  this  circumstance  was  'favorable  to*  the  American 
mission.  In  their  first  conference,  the  duke  intimated  to  Mr. 
Pinckney,  that  their  accommodation  with  France  was  con 
nected  with  the  American  negoeiation,  and  he  desired  both 
might  proceed  together ;  he  afterwards^  expressed  a  wish  to 
establish  a  triple  alliance  between  France,  Spain  and  America. 
This  idea  was  thrown  out,  no  doubt,  at  the  suggestion  of  the 
French  government,  who  had  promised  to  assist  the  Americans 
in  their  disputes  with  Spain ;  and  probably  with  a  view  of  in 
ducing  them,  by  important  concessions  on  the  part  of  the  latter, 
to  join  in  the  war,  or  at  least  to  reject  the  British  treaty. 

The  Spanish  minister  also  requested,  that  in  any  treaty  to 
be  made,  the  United  States  should  guaranty  the  possessions 
of  Spain  in  America.  With  this  request,  the  American  minister 
was  not  authorized  to  comply. 

After  many  conferences  as  to  details,  a  treaty  was  at  last  con 
cluded  between  the  two  governments,  on  the  27th  of  October, 
1795.  It  was  confined  principally  to  the  two  great  subjects  in 
dispute,  and  was  styled  a  treaty  of  friendship,  limits  and  naviga 
tion.  By  this,  the  line  between  the  United  States  and  East  and 
West  Florida,  was  the  same  as  that  settled  by  the  treaty  of  peace 
with  Great  Britain,  and  the  troops  and  garrisons  of  either  party 
were  to  be  withdrawn,  within  six  months  after  the  ratification  of  the 
treaty.  The  line  was  to  be  ascertained  by  a  commissioner  ajid 
surveyor,  to  be  appointed  by  each  of  the  contracting  parties,  and 


OF  THE  UNITED  STATES.  437 

who,  for  that  purpose  were  to  meet  at  Natchez,  within  six  months 
from  the  time  of  ratification. 

The  western  boundary  of  the  United  States,  which  separated 
them  from  the  colony  of  Louisiana,  was  fixed  in  the  middle  of 
the  channel  of  the  river  Mississippi,  to  the  thirty-first  degree  of 
north  latitude  ;  and  it  was  also  agreed,  that  the  navigation  of  that 
river  from  its  source  to  the  ocean,  should  be  free  only  to  the  sub 
jects  and  citizens  of  the  two  countries.  To  enable  the  citizens 
of  the  United  States,  to  enjoy  the  benefits  of  this  navigation  be 
low  the  thirty-first  degree  of  latitude,  liberty  was  granted  them 
for  the  term  of  three  years,  to  deposit  their  merchandize  and  ef 
fects,  in  the  port  of  New  Orleans,  and  to  export  the  same  without 
paying  any  other  duty  than  a  fair  price  for  storage  ;  and  at  the 
end  of  three  years,  the  king  was,  at  his  option,  either  to  continue 
this  permission,  or  to  assign  an  equivalent  establishment  on  some 
other  part  of  the  banks  of  the  Mississippi.  It  was  stipulated  among 
other  things,  that  both  parties  should  use  all  the  means  in  their 
power,  to  maintain  peace  and  harmony  among  the  Indian  nations 
on  their  borders  ;  and  both  parties  bound  themselves  to  restrain 
even  by  force,  the  Indians  within  their  limits,  from  acts  of  hostili 
ties  against  the  other — and  it  was  also  agreed,  that  neither  party 
would  thereafter  make  any  treaties  with  those  who  did  not 
live  within  their  respective  limits.  Provision  was  also  made,  that 
free  ships  should  make  free  goods,  and  that  no  citizen  or  subject 
of  either  party,  should  take  a  commission  or  letters  of  marque  for 
arming  any  vessel,  to  act  as  a  privateer,  from  their  respective  en 
emies,  under  the  penalty  of  being  considered  and  punished  as  a 
pirate. 

Thus,  after  a  tedious  and  unpleasant  negociation  of  about 
fifteen  years,  the  boundaries  between  the  countries  belonging  to 
the  United  States  and  Spain,  in  America,  were  settled  ;  and  the 
right  of  navigating  every  part  of  the  Mississippi,  a  right  so  import 
ant  to  a  vast  extent  of  country  at  the  west,  was  secured  to  the 
United  States. 

The  president  was  able,  also,  during  this  year,  to  bring  to  a 
close  the  long  negociations  with  the  Dey  of  Algiers  ;  by  which 


438  POLITICAL  AND  CIVIL  HISTORY 

peace  was  established  with  that  regency,  and  the  release  of 
American  captives  obtained.  This  was  effected  through  the 
agency  of  colonel  Humphreys,  Mr.  Barlow,  and  Mr.  Donalson. 
About  one  hundred  and  twenty  American  citizens  were  re 
leased  from  slavery  ;  some  of  whom  had  been  subjected  to  this 
ignominous  state,  more  than  ten  years.  As  early  as  the  summer 
of  1785,  two  American  vessels  were  taken  by  the  Algerines,  and 
their  crews,  twenty-one  in  number,  doomed  to  slavery.  Many 
causes  combined  to  prevent  the  release  of  these  men,  or  those  who 
had  survived,  until  this  time,  some  of  which  produced  great  dis 
tress  and  misery  to  the  captives  themselves.  The  American  min 
isters  in  Europe,  were  authorized  to  make  treaties  with  the  Bar- 
bary  powers  ;  but  their  authority  did  not  extend  to  the  ransom 
of  prisoners.  They  sent  an  agent,  however,  for  the  purpose  of 
ransoming  the  crews  of  these  vessels ;  but  the  sum  he  was  au 
thorized  to  give  for  their  release,  was  far  below  the  demands  of 
the  rapacious  Dey.  He  was  resolved  to  make  the  most  of  his 
new  prisoners  ;  and  refused  their  release  without  the  enormous 
sum  of  nearly  sixty  thousand  dollars.  The  American  government 
were  unwilling  to  give  a  sum  so  much  higher  than  had  been  given 
by  other  powers,  and  thereby  establish  a  precedent,  which  would 
serve  in  future,  but  to  increase  the  rapacity  of  this  lawless  free 
booter,  and  induce  him  to  prey  upon  American  vessels,  rather 
than  those  of  any  other  power.  The  Dey  believed  that  the  Uni 
ted  States  would  submit  to  any  terms,  rather  than  leave  their  cit 
izens  in  slavery.  It  was  thought  best,  therefore,  to  attempt  their 
release  secretly,  and  by  the  agency  of  some  individuals,  who 
should  appear  to  act  for  themselves  alone,  and  not  for  the  United 
States.  For  this  purpose,  Mr.  Jefferson,  the  American  minister 
at  Paris,  with  the  approbation  of  congress,  applied  to  a  religious 
order  in  France,  called  Mathurins,  instituted  in  ancient  times,  for 
the  redemption  of  Christian  captives  from  the  infidel  powers.  The 
principal  of  this  order,  readily  undertook  the  business,  and  with 
out  any  reward  for  his  services. 

The  American  prisoners  had  heretofore  been  supplied  by  the 
Spanish  consul  at  Algiers  ;  and  his  bills,  for  expenses  thus  incur- 


OF  THE  UNITED  STATES.  439 

red,  had  been  paid.  The  principal  of  the  Mathurins,  inform 
ed  Mr.  Jefferson,  that  these  supplies,  as  he  had  understood 
from  his  agent,  had  been  so  liberal,  as  to  convince  the  Dey,  they 
came  from  a  public  source.  He  therefore  recommended  a  dis 
continuance  of  this  mode  of  supply,  and  that  he  be  permitted  to 
furnish  them.  That  the  daily  allowance  furnished  by  him,  would 
be  much  less  than  they  had  heretofore  received  ;  and  that  being 
thus  supported,  as  it  would  appear,  by  his  charity,  the  demands  of 
the  Dey  for  their  ransom  might  be  lessened.  To  this  arrangement 
the  government  assented,  and  agreed  for  a  time,  to  appear  to 
abandon  them  to  their  fate  ;  and  the  captives  themselves,  and 
their  friends,  from  this  conduct  of  their  government,  were  led  to 
believe  this  to  be  really  the  case. 

This  belief  affected  the  prisoners  much  more  than  slavery  itself; 
and  drew  from  them  the  most  severe  and  bitter  reproaches 
against  their  government  and  country.  Unfortunately  the  exer 
tions  of  the  Mathurins  were  unsuccessful.  Other  individuals  in 
Europe  also  attempted  to  ransom  them,  but  without  success.  The 
Dey  still  believed  their  support  came  from  the  United  States  ; 
and  refused  to  reduce  his  demands  within  reasonable  limits. 
During  the  interregnum  which  took  place  between  the  expiration 
of  the  old,  and  the  final  establishment  of  the  new  government, 
these  poor  captives  seemed  almost  to  have  been  forgotten.  In 
the  mean  time,  six  of  them  had  died.  The  subject  of  redeem 
ing  the  survivors,  was  brought  before  the  national  legislature, 
under  the  new  government,  by  the  president,  and  the  sum  of 
forty  thousand  dollars  was  appropriated  for  their  release.  Ad 
miral  sir  Paul  Jones,  and  Mr.  Barclay,  were  successively  in 
trusted  with  this  interesting  negociation ;  but  both  of  them., 
unfortunately,  died  before  they  reached  Algiers ;  and  thus  the 
wretched  situation  of  these  men  was  prolonged.  The  busi 
ness  was  then  placed  in  the  hands  of  colonel  Humphreys,  minis 
ter  at  Lisbon.  While  at  Gibraltar,  on  his  way  to  Algiers,  in  Oc 
tober,  1793,  he  met  with  the  intelligence,  that  a  truce,  which  we 
have  before  mentioned,  between  Portugal  and  Algiers,  for  one 
year,  had  taken  place,  and  that  an  Algerine  fleet  had  passed  the 
straits  into  the  Atlantic. 


440  POLITICAL  AND  CIVIL  HISTORY 

Within  one  month  from  this  time,  ten  American  vessels  fell 
into  the  hands  of  these  piratical  freebooters,  and  more  than  one 
hundred  American  citizens  were  added  to  their  fellow  sufferers 
in  slavery.  Colonel  Humphreys  immediately  sent  a  memorial  to 
the  Dey,  requesting  a  passport  for  Algiers,  for  the  purpose  of 
negociating  a  peace,  and  the  ransom  of  American  prisoners. 
This  was  intrusted  to  the  Swedish  consul  at  that  place,  Mr. 
Skjoldebrand,  who,  with  his  brother,  were  friendly  to  America, 
and  had  generously  assisted  the  American  captives.  On  the 
presentation  of  this  memorial,  the  Dey  declared  he  would  not 
make  peace  with  the  Americans,  or  any  other  nation,  at  any 
price.  He  not  only  refused  the  passport,  but  declared  "  that 
he  would  not  allow  any  American  ambassador,  under  any  flag 
whatever."  This  conduct  of  the  Dey  precluded  all  hope  of  re 
lief  for  the  American  captives,'  except  from  the  effectual  inter 
position  of  their  own  government.  To  obtain  this,  they  sent, 
through  the  hands  of  colonel  Humphreys,  their  petition  to  con 
gress.  The  letter  to  him,  enclosing  this  petition,  signed  by  thir 
teen  masters  of  vessels,  for  themselves  and  "  brother  snfferers," 
evinced  a  spirit  worthy  of  those  who  had  been  born  and  educated 
in  a  land  of  freedom. 

In  addition  to  the  horrors  of  slavery,  they  were  threatened 
with  the  plague,  then  in  the  vicinity  of  Algiers.  Crowded  as  they 
were,  during  the  night,  in  slave  prisons,  with  hundreds  of  cap 
tives  of  other  nations,  they  deemed  it  next  to  impossible  they 
should  escape  the  contagion,  should  it  enter  the  city.  They  re 
quested,  therefore,  that  a  separate  house  might  be  obtained  for 
their  residence.  They  added,  however,  "  at  the  same  time,  hon 
ored  sir,  and  friend,  be  you  assured,  that  we  the  American  cap 
tives  in  this  city  of  bondage,  will  bear  our  sufferings  with  fortitude 
and  resignation,  as  becoming  a  race  of  men,  endowed  with  su 
perior  souls,  in  adversity." 

Unable  to  go  to  Algiers  with  safety,  colonel  Humphreys  went 
back  to  Lisbon,  and  afterwards  returned  to  the  United  States. 
Congress  appropriated  about  a  million  of  dollars,  to  be  applied 
under  the  direction  of  the  president,  to  procure  their  release. 


OF  THE  UNITED  STATES.  44 1 

The  money  was  borrowed  of  the  bank  of  the  United  States,  and 
was  to  be  furnished  in  London,  principally  by  the  sale  of  public 
stock.  Colonel  Humphreys  was  empowered  to  conclude  a 
treaty  of  peace  with  the  Dey  of  Algiers,  and  for  this  purpose  he 
left  the  United  States  in  April,  1795.  He  was  accompanied  by 
Joseph  Donaldson,  consul  for  Tunis  and  Tripoli ;  who  was  to 
be  employed  to  negociate  the  treaty,  while  colonel  Humphreys 
himself  went  to  France,  to  obtain  the  aid  of  the  French  gov 
ernment. 

In  the  mean  time,  Mr.  Donaldson  proceeded  to  Algiers,  and  on 
the  5th  of  September  concluded  a  treaty  with  the  Dey.  He  en 
gaged  that  the  money  for  the  ransom  should  be  paid  in  three  or 
four  months,  presuming  it  would  be  ready  in  London  before  that 
time.  Joel  Barlow  was  employed  by  colonel  Humphreys  to  go 
from  France,  to  assist  in  the  negociation,  but  the  treaty  was  con 
cluded  before  his  arrival  at  Algiers. 

The  failure  in  the  payment  of  the  money  by  the  time  stipulated, 
greatly  incensed  the  Dey,  and  he  threatened  to  abandon  the 
treaty  ;  and  it  was  with  great  difficulty  that  Mr.  Barlow  and  Mr. 
Donaldson  procured  a  delay  until  the  8th  of  April,  and  the  Dey 
then  declared,  that  unless  the  money  was  paid  within  thirty  days, 
he  never  would  be  at  peace  with  America.  In  this  situation  the 
American  captives  were  thrown  into  a  state  of  despair ;  and 
the  agents  were  only  able  to  save  the  treaty  and  procure  their 
release  by  a  promise  to  present  him  a  frigate  of  thirty  six  guns. 

By  this  they  obtained  a  delay  of  three  months,  and  in  the 
mean  time  the  money  negociations  were  arranged,  and  the  poor 
captives  finally  released.  This  was  not  done,  however,  but  at  the 
expense  and  sacrifice  of  about  one  million  of  dollars.* 

*  American  State  Papers,  vol.  10,  p.  452 
VOL.  II.  56 


CHAPTER  XXIV. 

Mr.  Jay  concludes  a  treaty  with  Great  Britain  in  November,  1794—Outlines  of  the 
treaty — The  senate  advise  its  ratification,  with  the  exception  of  one  article 
— Treaty  made  public  soon  after — Creates  great  dissatisfaction — Meetings  of 
the  citizens  held  and  resolutions  of  disapprobation  adopted — Addresses  presented 
to  the  president  requesting  him  not  to  sanction  it — Views  of  the  president  on  the 
subject  of  the  treaty,  and  of  the  opposition  to  it — Ratines  it  the  14th  of  August — 
Congress  meet  in  December — President's  speech  at  the  opening  of  the  session — 
Adet  presents  the  colors  of  France  to  the  president — Speeches  on  this  occasion — 
Petitions  against  the  British  treaty  circulated  and  signed  by  the  people — Presented 
to  the  house  of  representatives — Copy  of  the  treaty  laid  before  the  house — Resolu 
tion  submitted  to  the  house  calling  on  the  president  for  Mr.  Jay's  instructions,  with 
his  correspondence — Long  debates  on  this  resolution — Finally  adopted — President 
refuses  the  papers — His  reasons  for  this  refusal — House  pass  a  resolution  declara 
tory  of  their  rights  respecting  treaties — Resolution  submitted  to  the  house,  declar 
ing  it  expedient  to  make  provision  for  carrying  the  treaty  into  effect — Occasions 
long  debates— Finally  carried  by  a  small  majority. 

MR.  JAY  arrived  in  Great  Britain,  on  the  15th  of  June,  1794,  and 
on  the  18th  of  November  following,  concluded  and  signed  with  lord 
Grenville,  "  a  treaty  of  amity,  commerce,  and  navigation  between 
his  Britannic  majesty  and  the  United  States."  It  was  receiv 
ed  by  the  president  on  the  7th  of  March,  1795,  and  on  the  8th 
of  June,  was  submitted  to  the  senate,  and  on  the  24th  of  the  same 
month,  that  body  advised  its  ratification,  with  the  exception  of 
the  12th  article,  relating  to  the  West  India  trade.  This  interest 
ing  subject  occasioned  violent  debates  in  the  senate,  and  the 
treaty  itself  was  finally  sanctioned  in  that  body,  (excluding  the 
article  relating  to  the  West  India  trade,)  by  a  bare  constitution 
al  majority,  twenty  against  ten. 

The  preamble  stated  that  the  two  governments  "  being  desir 
ous,  by  a  treaty  of  amity,  commerce,  and  navigation,  to  terminate 
their  differences  in  such  a  manner,  as,  without  reference  to  the 
merits  of  their  respective  complaints  and  pretensions,  may  be  the 
best,  calculated  to  produce  mutual  satisfaction  and  good  under 
standing,"  &c. 


POLITICAL  AND  CIVIL  HISTORY,  &c.  443 

The  western  posts  were  to  be  surrendered  to  the  United  States, 
on  or  before  the  first  of  June,  1796  ;  but  no  compensation  was 
made  for  negroes  carried  away  by  the  British  commander,  af 
ter  the  peace  of  1783.  The  United  States  were  to  compensate 
British  creditors  for  losses  occasioned  by  legal  impediments  to 
the  collection  of  debts,  contracted  before  the  revolutionary  war ; 
to  be  settled  and  adjusted  by  commissioners ;  and  Great  Britain 
was  to  make  compensation  to  American  merchants,  for  illegal 
captures  of  their  property,  to  be  adjusted  also  in  the  same  mode. 
In  both  cases,  the  commissioners  to  consist  of  five  persons,  two 
to  be  appointed  by  each  government,  and  the  fifth  by  the  unani 
mous  voice  of  the  four ;  but  if  they  should  not  agree,  then  the 
commissioners  named  by  the  two  governments,  to  propose  one, 
and  of  the  two  names  thus  proposed,  one  to  be  drawn  by  lot. 
Provision  was  also  made  for  ascertaining  more  accurately  the 
boundaries  between  the  United  States,  and  the  British  North 
American  possessions. 

British  subjects  holding  lands  in  the  territories  of  the  United 
States,  and  American  citizens  holding  lands  in  the  British  domin 
ions,  were  to  continue  to  hold  them,  according  to  the  nature  and 
tenure  of  their  respective  estates  and  titles  therein,  with  power  to 
sell,  grant,  or  devise  the  same  ;  and  by  the  10th  article,  it  was  ex 
pressly  provided,  that  neither  the  debts  due  from  individuals  of  the 
one  nation,  to  individuals  of  the  other,  nor  shares  or  monies  in  the 
public  funds,  or  in  the  public  or  private  banks,  should,  in  any 
event  of  war  or  national  differences,  be  sequestered  or  confisca 
ted, "  it  being  unjust  and  impolitic,"  as  asserted  in  this  article, "  that 
debts  and  engagements  contracted  and  made  by  individuals,  hav 
ing  confidence  in  each  other  and  in  their  respective  governments, 
should  ever  be  destroyed  or  impaired  by  national  authority,  on  ac 
count  of  national  differences  and  discontents." 

Both  parties  had  liberty  to  trade  with  the  Indians,  in  their  res 
pective  territories  in  America,  (with  the  exception  of  the  coun 
try  within  the  limits  of  the  Hudson  bay  company,)  and  the  river 
Mississippi  to  be  also  open  to  both  nations. 

The  ten  first  articles,  principally  embracing  these  important 
subjects,  were  made  permanent 


444  POLITICAL  AND  CIVIL  HISTORY 

The  other  eighteen  articles  related  to  the  future  intercourse  be 
tween  the  two  countries,  and  in  their  duration,  were  limited  to 
twelve  years,  or  two  years  after  the  termination  of  the  war  in 
which  the  British  nation  were  then  engaged.  By  the  12th  arti 
cle,  a  direct  trade  was  permitted  between  the  United  States  and 
the  British  West  India  Islands,  in  American  vessels  not  above  the 
burden  of  seventy  tons,  and  in  goods  or  merchandize  of  the 
growth,  manufacture,  or  produce  of  the  states,  and  in  the  produc 
tions  of  the  islands  ;  but  the  United  States  were  restrained  from 
carrying  molasses,  sugar,  coffee,  cocoa,  or  cotton,  either  from  the 
islands,  or  from  the  United  States  to  any  part  of  the  world. 

As  a  considerable  quantity  of  cotton,  at  that  time,  was  produ 
ced  in  the  southern  states,  and  had  then  began  to  be  expor 
ted,  and  the  quantity  would  probably  increase,  the  1 2th  article 
was  excluded.  The  American  negociator,  it  was  said,  was 
then  ignorant  that  cotton  of  the  growth  of  the  United  States, 
had  or  would  become  an  article  of  export. 

A  reciprocal  and  perfect  liberty  of  commerce  and  navigation 
between  the  United  and  the  British  dominions  in  Europe,  was 
established,  neither  to  be  subject  to  higher  duties  than  other 
nations,  the  British  government  reserving  the  right  of  counter 
vailing  the  American  foreign  duties.  And  American  vessels  were 
freely  admitted  into  the  ports  of  the  British  territories  in  the 
East  Indies,  but  not  to  carry  on  the  coasting  trade. 

Timber  for  ship  building,  tar,  rosin,  copper  in  sheets,  sails, 
hemp,  and  cordage,  and  generally  whatever  might  serve  directly 
to  the  equipment  of  vessels,  (unwrought  iron  and  pine  planks 
only  excepted,)  were  included  in  the  list  of  contraband.  With 
respect  to  provisions  and  other  articles,  not  generally  contraband, 
on  "  account  of  the  difficulty  of  agreeing  on  the  precise  cases, 
in  which  they  should  be  regarded  as  such,"  and  for  the  purpose 
of  providing  against  the  inconveniences  and  misunderstandings 
which  might  thence  arise,  it  was  declared,  that  whenever  such  ar 
ticles  should  become  contraband,  according  to  the  existing  law 
of  nations,  the  same  should  not  be  confiscated,  but  the  owners 
be  completely  indemnified  by  the  captors,  or  the  government. 


OF  THE  UNITED  STATES.  445 

Prizes  made  by  ships  of  war  and  privateers  of  either  party, 
might  enter  and  depart  from  the  ports  of  each  other,  without 
examination  ;  and  no  shelter  or  refuge  was  allowed  to  such  ves 
sels  as  had  made  a  prize  upon  the  subjects  or  citizens  of  the 
parties.  Nothing,  however,  in  the  treaty  was  to  operate  con 
trary  to  former  and  existing  treaties  with  other  nations. 

Mr.  Jay  was  unable  to  obtain  a  stipulation,  that  free  ships 
should  make  free  goods.  Indeed  after  the  declaration  of  the 
lords  of  the  committee  of  trade  and  plantations  on  this  subject, 
contained  in  their  report  which  we  have  before  mentioned,  it 
was  hardly  to  be  expected  that  Great  Britain  in  time  of  war, 
would  consent  to  any  relaxation  of  the  rigid  rule  of  law,  on  this 
subject.  Notwithstanding  the  opinion  of  the  same  committee, 
that  their  colonial  ports  were  not  to  be  opened  to  the  Ameri 
cans,  and  that  this  was  not  to  be  a  subject  even  of  negocia- 
tion,  yet  a  direct  trade  was  permitted  between  the  United 
States  and  the  British  West  India  Islands,  in  vessels  of  a  cer 
tain  description.  But  the  article  granting  this  privilege,  for 
the  reasons  before  mentioned,  was  excluded. 

These  are  the  principal  features  of  a  treaty,  which  gave  such 
high  offense  to  the  rulers  of  France,  and  created  such  divisions 
in  the  United  States,  as  to  put  in  jeopardy  the  government  itself. 

Unfortunately,  it  left  the  important  question  with  respect  to 
provisions  being  contraband,  as  it  found  it,  resting  on  the  existing 
law  of  nations  ;  but  Mr.  Jay,  to  whom  had  been  assigned  a  most 
difficult  as  well  as  most  delicate  task  ;  in  a  private  letter  to  the 
president  on  the  subject  of  the  treaty,  said,  "  to  do  more  was  im 
possible."*  He  also  added,  "  I  ought  not  to  conceal  from  you, 
that  the  confidence  reposed  in  your  personal  character  was  visi- 
ible  and  useful  throughout  the  negociations." 

The  treaty  was  approved  by  Thomas  Pinckney,  the  resident 
minister  at  the  court  of  London.  In  his  letter  to  the  secretary 
of  state  he  observed,  "  although  some  points  might  have  been  ar 
ranged  more  beneficially  for  us,  if  the  treaty  had  been  dictated 

*  Marshall,  vol.  5.  p.  616. 


446  POLITICAL  AND  CIVIL  HISTORY 

entirely  by  the  United  States,  yet  when  it  is  considered  as  a  com 
position  of  differences,  where  mutual  complaints  had  rendered 
mutual  concessions  necessary  to  establish  a  good  understanding, 
I  think  it  may  fairly  be  said,  that  as  little  has  been  conceded  by 
Mr.  Jay,  and  as  much  obtained  for  the  United  States,  as  under 
ail  circumstances  considered  could  be  expected." 

Although  secrecy  was  enjoined,  yet  one  member  of  the  senate 
soon  after  that  body  had  advised  its  ratification,  caused  the  trea 
ty  to  be  published  in  one  of  the  public  newspapers  in  Philadel- 
phN,  and  it  immediately  became  a  subject  of  discussion. 

Many  of  the  opponents  of  the  administration  and  those,  who  had 
been  hostile  to  the  mission  of  Mr.  Jay,  were  prepared  to  pro 
nounce  its  condemnation  ;  and  such  was  the  state  of  public  feel 
ing  against  Great  Britain,  that  a  temperate,  impartial  and 
unimpassioned  examination  of  its  merits  was  not  to  be  expected. 
The  people  at  large,  unaccustomed  to  view  a  subject  of  this  na 
ture  and  magnitude,  in  all  its  bearings,  to  compare  its  advantages 
and  disadvantages,  could  easily  be  induced  to  pronounce  a  ver 
dict  against  a  treaty,  that  did  not  contain  every  concession  from 
their  adversary. 

Meetings  of  the  citizens  were  held  in  different  parts  of  the 
union,  on  the  subject.  At  some  of  these  meeting  the  passions, 
rather  than  the  understandings  of  the  people,  were  addressed,  and 
resolutions  were  passed,  condemning  the  treaty  in  the  most  un 
qualified  manner.  The  people  were  made  to  believe,  that  the 
advantages  were  entirely  on  the  side  of  Great  Britain,  and  that 
the  interest  of  France  had  been  sacrificed.  Numerous  resolutions 
and  addresses  against  the  treaty  were  presented  to  the  president, 
requesting  him  to  withhold  his  assent.  Early  in  July  the  citizens 
of  Boston,  at  a  town  meeting,  passed  resolutions  against  it,  and 
sent  them  to  him  by  express.  His  answer  to  the  citizens  of  this 
town,  disclosed  the  course  he  intended  to  pursue  on  this  occasion, 
so  interesting  to  his  country  ;  a  course,  alike  firm  and  dignified. 
After  stating  that  in  every  act  of  his  administration,  he  had  sought 
the  happiness  of  his  fellow  citizens ;  and  that,  to  obtain  this  ob- 


OF  THE  UNITED  STATES.  447 

ject,  overlooking  all  local,  partial  or  personal  considerations,  he 
had  contemplated  the  United  States  as  one  great  whole,  and 
confiding  that  sudden  impressions,  when  erroneous,  would  yield 
to  candid  reflection,  he  had  consulted  only  the  substantial  and 
permanent  interests  of  his  country,  he  added, — "Without  a  pre 
dilection  for  my  own  judgement,  I  have  weighed  with  attention, 
every  argument  which  has,  at  any  time,  been  brought  into  view. 
But  the  constitution  is  the  guide,  which  I  never  can  abandon.  It 
has  assigned  to  the  president  the  power  of  making  treaties,  with 
the  advice  and  consent  of  the  senate.  It  was  doubtless  supposed 
that  these  two  branches  of  government  would  combine  without 
passion,  and  with  the  best  means  of  information,  those  facts  and 
principles  upon  which  the  success  of  our  foreign  relations  will 
always  depend  ;  that  they  ought  not  to  substitute  for  their  own 
conviction  the  opinions  of  others  ;  or  to  seek  truth  through  any 
channel,  but  that  of  a  temperate  and  well  informed  investigation. 
Under  this  persuasion,  I  have  resolved  on  the  manner  of  execut 
ing  the  duty  before  me.  To  the  high  responsibility  attached  to  it, 
I  freely  submit  ;  and  you,  gentlemen,  are  at  liberty  to  make  these 
sentiments  known,  as  the  ground  of  my  procedure.  While  I 
feel  the  most  lively  gratitude  for  the  many  instances  of  approba 
tion  from  my  country,  I  can  no  otherwise  deserve  it,  than  by 
obeying  the  dictates  of  my  conscience." 

While  this  subject  was  under  the  consideration  of  the  presi 
dent,  news  arrived  of  the  renewal  of  the  British  orders,  for  stop 
ping  provisions  destined  for  France.  This  created  doubts  in  the 
mind  of  the  president,  whether  he  should  ratify  the  treaty,  until 
satisfactory  explanations  were  given  on  this  part  of  it.  He  directed 
a  memorial  or  remonstrance  to  be  prepared  against  the  renewal 
of  these  orders.  In  the  mean  time,  his  private  business  called  him 
to  Mount  Vernon.  He  here  constantly  met  with  the  proceedings 
of  the  people  in  different  parts  of  the  union  against  the  treaty ; 
and  the  extent  and  nature  of  the  opposition,  as  well  as  his  own 
feelings  and  reflections  on  the  subject,  are  disclosed  in  his  private 
letters  to  the  secretary  of  state. 

In  one  of  the  29th  of  July,  he  says — "  I  view  the  opposition 
which  the  treaty  is  receiving  from  the  meetings  in  different  parts 


448  POLITICAL  AND  CIVIL  HISTORY 

of  the  union,  in  a  very  serious  light.  Not  because  there  is  more 
weight  in  any  of  the  objections  that  are  made  to  it,  than  were 
presented  at  first ;  for  there  are  none  in  some  of  them,  gross  mis 
representations  in  others.  Nor  as  it  respects  myself  personally ; 
for  this  shall  have  no  influence  on  my  conduct ;  plainly  perceiv 
ing,  and  I  am  accordingly  preparing  my  mind  for  the  obloquy, 
which  disappointment  and  malice  are  collecting,  to  heap  upon 
my  character.  But  I  am  alarmed  on  account  of  the  effect  it 
may  have  on  the  advantage  the  French  government  may  be  dis 
posed  to  make  of  the  spirit  which  is  at  work ;  to  cherish  a  belief 
in  them,  that  the  treaty  is  calculated  to  favor  Great  Britain,  at 
their  expense.  Whether  they  believe  or  disbelieve  these  tales, 
the  effect  it  will  have  upon  the  nation  will  be  nearly  the  same  ; 
for  while  they  are  at  war  with  that  power,  or  so  long  as  the  ani 
mosity  between  the  two  nations  exists,  it  will,  no  matter  at  whose 
expense,  be  their  policy,  and  it  is  feared  it  will  be  their  conduct, 
to  prevent  us  from  being  on  good  terms  with  Great  Britain,  or 
from  her  deriving  any  advantage  from  our  commerce,  which  they 
can  prevent,  however  much  we  may  be  benefitted  ourselves.  To 
what  length  this  policy  and  interest  may  carry  them,  is  problem 
atical  ;  but  when  they  see  the  people  of  this  country  divided,  and 
such  a  violent  opposition  given  to  the  measures  of  their  own  gov 
ernment,  particularly  in  their  favor,  it  may  be  extremely  embar 
rassing,  to  say  no  more  of  it. 

"  To  sum  the  whole  up  in  a  few  words.  I  have  never  seen  a 
crisis,  which  in  my  judgment,  has  been  so  pregnant  of  interesting 
events  ;  nor  one  from  which  more  is  to  be  apprehended ;  whether 
viewed  on  one  side  or  the  other." 

In  another,  written  three  days  after  this,  he  observes,  "  To  be 
wise  and  temperate,  as  well  as  firm,  the  crisis  most  eminently 
calls  for ;  for  there  is  too  much  reason  to  believe,  from  the  pains 
which  have  been  taken  before,  at  and  since  the  advice  of  the 
senate  respecting  the  treaty,  that  the  prejudices  against  it  are 
more  extensive  than  is  generally  imagined.  This,  from  men 
who  are  of  no  party,  but  well  disposed  to  the  government,  I  have 
lately  learned  is  the  case.  How  should  it  be  otherwise  ?  when 


OF  THE  UNITED  STATES.  449 

no  stone  has  been* left  unturned,  that  would  impress  the  people's 
minds  with  the  most  arrant  misrepresentations  of  facts — that  their 
rights  have  not  only  been  neglected,  but  absolutely  sold — that 
there  are  no  reciprocal  advantages  in  the  treaty ;  that  the  ben 
efits  are  all  on  the  side  of  Great  Britain  ;  and  what  seems  to 
have  more  weight  than  all  the  rest,  and  has  been  most  pressed,  is, 
that  this  treaty  is  made  with  a  design  to  oppress  the  French,  in 
open  violation  of  a  treaty  with  that  nation,  and  contrary  too,  to 
every  principle  of  gratitude  and  sound  policy.  In  time,  when 
passion  shall  have  yielded  to  sober  reason,  the  current  may  possi 
bly  turn  ;  but  in  the  mean  while,  this  government,  in  relation  to 
France  and  England,  may  be  compared  to  a  ship  between  the 
rocks  of  Sylla  and  Charybdis.,  If  the  treaty  is  ratified,  the  parti- 
zans  of  France  (or  rather  of  war  and  confusion)  will  excite  them 
to  hostile  measures;  or,  at  least,  to  unfriendly  sentiments.  If  it 
is  not,  there  is  no  foreseeing  all  the  consequences  that  may 
follow,  as  it  respects  Great  Britain.  It  is  not  to  be  inferred  from 
this  that  I  am,  or  shall  be  disposed  to  quit  the  ground  I  have  ta 
ken  ;  unless  circumstances,  more  imperious  than  have  yet  come 
to  my  knowledge,  shall  compel  it ;  for  there  is  but  one  straight 
course  in  these  things  and  that  is,  to  seek  truth,  and  pursue  it 
steadily." 

The  president  returned  to  Philadelphia,  on  the  1 1th  of  August, 
and  the  treaty  was  ratified  on  the  1 4th,  on  the  terms  proposed  by 
the  senate.  In  the  negociations  with  Great  Britain,  perfect  good 
faith  was  observed  towards  France.  The  French  minister  here, 
was  informed,  that  Mr,  Jay  had  instructions  not  to  weaken  the 
engagements  with  his  nation  ;  and  Mr.  Munroe  was  directed  to 
make  a  similar  communication  to  the  French  government  at 
Paris.  Soon  after  the  senate  advised  its  ratification,  a  copy  of 
it  was  submitted  to  Mr.  Adet  by  direction  of  the  president,  with 
a  request  that  he  would  state  his  objections.  On  the  30th  of 
June,  he,  in  a  note  to  the  secretary  of  state,  referred  to  such 
parts  as  appeared  to  him,  to  destroy  the  effect  of  the  treaty  with 
France.  The  stipulations  referred  to,  were  those  which  made 
naval  stores  contraband  of  war,  excluded  from  that  list  in  the 

VOL.  II.  57 


450  POLITICAL  AND  CIVIL  HISTORY 

French  treaty ;  which  subjected  to  seizure  enemy's  property  in  neu 
tral  bottoms,  and  admitted  prizes  in  American  ports.  To  the  first 
and  second,  the  American  secretary  immediately  answered,  that 
naval  stores  were  contraband  by  the  law  of  nations,  that  by  the 
same  law,  enemy's  property  in  neutral  bottoms  was  good  prize,  and 
that  on  these  points,  Great  Britain  could  not  be  prevailed  upon 
to  relax  ;  and  with  respect  to  the  admission  of  prizes  into  Amer 
ican  ports,  this  privilege  did  not  extend  to  those  made  from  the 
French,  during  the  present  or  any  future  war,  because  contrary 
to  the  existing  treaty  with  France. 

It  is  proper  here  to  state,  that  in  the  summer  of  this  year,  a 
treaty  was  made  with  the  western  Indians.  In  consequence  of 
this,  and  the  treaties  made  with  Great  Britain,  Spain,  and  Al 
giers,  the  United  States  were  not  only  relieved  from  Indian  hos 
tilities,  but  in  a  degree,  from  their  embarrassments  with  foreign 
nations,  and  left  more  at  liberty  to  attend  to  their  domestic 
concerns.  Alluding  to  these  important  events,  as  well  as  to  the 
internal  prosperity  of  the  country,  the  president,  at  the  opening 
of  the  session  of  congress,  in  December,  1795,  expressed  a  per 
suasion,  that  he  had  never  met  the  national  legislature,  when  the 
public  affairs  of  the  United  States,  afforded  more  just  cause 
of  mutual  congratulation,  or  called  for  more  "  profound  gratitude 
to  the  author  of  all  good,  for  the  numerous  and  extraordinary 
blessings  they  enjoyed."  He  officially  announced,  that  after  full 
and  mature  reflection,  he  had  added  his  sanction  to  the  treaty 
with  Great  Britain  ;  and  that  when  ratified  on  the  part  of  the 
British  government,  it  would  be  placed  before  congress.  After 
recommending  to  their  attention  the  military  establishment,  the 
system  of  intercourse  with  the  Indians,  and  additional  provisions 
for  the  redemption  of  the  public  debt,  the  president  concluded  by 
observing  that,  "  temperate  discussion  of  the  important  subjects 
which  would  arise  in  the  course  of  the  session ;  and  mutual  for 
bearance,  where  there  was  a  difference  of  opinion,  were  too  ob 
vious  and  necessary  for  the  peace,  happiness,  and  welfare  of  the 
country,  to  need  any  recommendation  from  him."  While  the 
majority  in  the  senate  in  favor  of  the  administration  had  increased, 


OF  THE  UNITED  STATES.  45] 

the  result  of  the  last  elections  had  again  placed  a  majority  in  the 
house  of  representatives  in  opposition.  This  was  manifest  from 
the  answers  returned  by  the  respective  houses  to  the  president's 
speech. 

That  of  the  senate,  adopted  fourteen  to  eight,  expressed  an  en 
tire  approbation  of  the  conduct  of  the  executive. 

The  answer  reported  by  a  committee  of  the  house,  contained 
expressions  of  undiminished  confidence  in  the  president.  But  a 
motion  was  made  to  strike  out  this  part ;  and  in  the  debate  on 
this  motion,  some  of  the  members  did  not  hesitate  to  say,  that 
their  confidence  in  the  chief  magistrate  had  diminished ;  and  it 
was  evident,  that  a  majority  were  in  favor  of  the  motion.  The 
answer  was,  therefore,  recommitted,  and  so  varied  as  to  meet  the 
unanimous  assent  of  the  house. 

Mr.  Munroe,  we  would  here  state,  arrived  in  France  about  the 
first  of  August,  1794,  and  was  received  by  the  convention  with 
great  cordiality  and  affection. 

He  afterwards  presented  to  the  French  government  the  Ameri 
can  colors,  which  were  placed  with  those  of  France,  in  the  hall  of 
the  national  convention.  Mr.  Munroe  was  the  bearer  of  answers 
from  the  senate  and  house  of  representatives,  to  a  letter  previous 
ly  addressed  to  them  by  the  committee  of  public  safety,  expressing 
their  friendship  and  good  will,  as  well  as  the  deep  interest  they 
took  in  the  happiness  and  prosperity  of  the  French  republic. 

In  October,  1794,  the  committee  of  public  safety  again  addres 
sed  a  letter  to  "the  representatives  of  the  United  States  in  congress 
assembled."  "  The  connections,"  they  said, "  which  nature,  recip 
rocal  wants,  and  a  happy  concurrence  of  circumstances,  have  form 
ed  between  two  nations,  cannot  but  be  indissoluble.  You  have 
strengthened  those  sacred  ties,  by  the  declarations  which  the  min 
ister  plenipotentiary  of  the  United  States  has  made  in  your  name, 
to  the  national  convention,  and  to  the  French  people.  They 
have  been  received  with  rapture  by  a  nation,  who  know  how  to 
appreciate  every  testimony  which  the  United  States  have  given 
to  them  of  their  affection.  The  colors  of  both  nations,  united  in 
the  centre  of  the  national  convention,  will  be  an  everlasting  evi- 


452  POLITICAL  AND  CIVIL  HISTORY 

dence  of  the  part  which  the  United  States  have  taken  in  the  sue* 
cess  of  the  French  republic."  Mr.  Adet  was  the  bearer  of  this 
letter,  as  a  minister  plenipotentiary,  and  was  "  specially  instruct 
ed  to  tighten  the  bands  of  fraternity  and  mutual  benevolence," 
between  the  two  countries.  He  did  not  arrive  in  the  United 
States,  until  June,  1795,  and  was  directed  to  present  to  the  gov 
ernment,  the  flag  of  the  republic.  This  was  not  done,  however, 
until  the  first  of  January,  1796,  when  it  was,  in  a  formal  manner, 
presented  to  the  president,  together  with  the  letter  of  the  com 
mittee  of  public  safety  addressed  to  congress.  In  presenting  the 
flag,  Mr.  Adet,  in  his  address,  delivered  on  the  occasion,  after 
stating  that  France  only  saw  in  the  Americans  "  friends  and  broth 
ers,"  proceeded  to  say,  "  long  accustomed  to  regard  the  Ameri 
can  people  as  her  most  faithful  allies,  she  has  sought  to  draw 
closer  the  ties  already  formed  in  the  fields  of  America,  under  the 
auspices  of  victory,  over  the  ruins  of  tyranny. 

"  The  national  convention,  the  organ  of  the  will  of  the  French 
nation,  have  more  than  once  expressed  their  sentiments  to  the 
American  people  ;  but  above  all,  these  burst  forth  on  that  august 
day,  when  the  minister  of  the  United  States  presented  to  the  na 
tional  representation  the  colors  of  his  country.  Desiring  never  to 
lose  recollections  as  dear  to  Frenchmen,  as  they  must  be  to  Amer 
icans,  the  convention  ordered  that  these  colors  should  be  placed 
in  the  hall  of  their  sittings.  They  had  expe'rienced  sensations, 
too  agreeable  not  to  cause  them  to  be  partaken  of  by  their  allies, 
and  decreed  that  to  them  the  national  colors  should  be  pre 
sented." 

To  this  address  the  president  immediately  returned  an  answer  ; 
in  which,  after  expressing  his  own  and  the  sympathetic  feelings 
of  the  Americans  in  general,  in  favor  of  the  French  republic,  and 
congratulating  him  on  the  brilliant  exploits  of  his  nation,  and  on 
the  security  of  their  liberty  in  a  regularly  organized  government,  he 
thus  concludes,  "  I  receive,  sir,  with  lively  sensibility,  the  symbol  of 
the  triumphs  and  of  the  enfranchisement  of  your  nation,  the  colors 
of  France,  which  you  have  now  presented  to  the  United  States. 


OF  THE  UNITED  STATES.  453 

The  transaction  will  be  announced  to  congress ;  and  the  colors 
will  be  deposited  with  those  archives  of  the  United  States,  which 
are  at  once  the  evidences  and  the  memorials  of  their  freedom  and 
independence.  May  these  be  perpetual !  and  may  the  friend 
ship  of  the  two  republics  be  commensurate  with  their  existence." 

On  the  4th  of  January,  the  president,  by  a  special  message, 
communicated  to  both  houses,  the  letter  of  the  committee  of  pub 
lic  safety,  and  informed  them  that  he  had  received  the  colors  of 
France,  and  had  directed  them  to  be  deposited  among  the  ar- 
chieves  of  the  United  States. 

The  president  was  requested,  by  an  unanimous  resolution,  to 
make  known  to  the  representatives  of  the  French  people,  that 
the  house  received,  with  the  most  sincere  and  lively  sensation, 
the  communication  of  the  committee  of  public  safety ;  and  to 
assure  them  that  the  house  rejoiced  in  the  opportunity  of  congrat 
ulating  the  French  nation  upon  their  brilliant  and  glorious 
achievements  ;  and  hoped  that  these  achievements  would  be 
attended  with  the  establishment  of  the  liberty  and  happiness  of 
that  great  and  magnanimous  people. 

The  senate  also  received  with  pleasure,  the  evidence  of  the 
continued  friendship  of  the  French  republic,  and  expressed  a  wish 
that  the  colors  of  France,  presented  as  a  symbol  of  the  triumphs 
of  that  great  people,  and  given  as  a  pledge  of  faithful  friendship, 
might  contribute  to  cherish  and  perpetuate  the  sincere  affection 
by  which  the  two  republics  were  so  happily  united. 

The  French  minister  was  disappointed  that  the  colors  of  the 
republic  had  not  the  honor  of  a  conspicuous  place  in  the  hall  of  the 
house  of  representatives  ;  and  in  a  note  informed  the  president  he 
could  not  remain  silent  on  a  circumstance  which  must  make  all 
France  discontented.  That  as  the  American  flag  was  placed  in 
the  hall  of  the  legislative  body  of  France,  the  French  flag  should 
receive  the  same  honor.  He  was  informed  that  the  president  was 
the  constitutional  organ  of  communication  with  foreign  nations, 
and  for  this  purpose  was  the  sole  representative  of  the  American 
people;  that  he  had  deposited  the  French  flag  with  the  evi 
dences  and  memorials  of  the  freedom  and  independence  of  his 


454       .  POLITICAL  AND  CIVIL  HISTORY 

own  country.  That  the  people  of  the  United  States  did  not  ex 
hibit  in  their  deliberative  assemblies,  "  any  public  spectacles  or 
tokens  of  their  victories,  the  symbols  of  their  triumphs  or  the  mon 
uments  of  their  freedom." 

On  the  first  of  March  the  president  informed  congress,  by  mes 
sage,  that  the  treaty  with  Great  Britain  had  been  duly  ratified, 
that  he  had  directed  it  to  be  promulgated,  and  had  transmit 
ted  a  copy  thereof  for  their  information.  This  important  sub 
ject,  in  various  ways,  occupied  the  attention  of  the  house  for  a 
great  part  of  the  remainder  of  the  session.  Soon  after  its  rati 
fication  by  the  president  was  known,  petitions  against  it  were 
circulated  throughout  the  United  States,  for  signatures.  These 
petitions,  all  couched  in  the  same  language,  were  addressed  to 
the  house  of  representatives.  The  petitioners,  after  stating  that 
certain  stipulations  in  the  treaty  tended  to  involve  their  country 
in  the  political  intrigues  of  European  nations,  to  infract  the  treaty 
of  alliance  with  France,  and  to  produce  the  sad  spectacle  of  war, 
between  that  magnanimous  republic  and  the  republic  )of  the 
United  States,  proceeded  to  declare,  that  many  of  its  stipula 
tions  were  manifest  encroachments  on  the  constitutional  powers 
of  congress.  After  enumerating  also  the  instances  of  such  en 
croachments,  which  principally  referred  to  the  legislative  powers 
vested  in  the  national  legislature,*  the  petitioners  in  conclusion 
said, "  Wherefore  solemnly  protesting  against  the  exercise  of  pow- 

*  The  instances  mentioned  are— 

1.  In  the  regulation  of  commerce  with  foreign  nations. 

2.  In  the  regulation  of  trade  and  intercourse  with  the  Indian  tribes. 

3.  In  regulating  the  territory  of  the  United  States  and  of  individual  states. 

4.  In  establishing  duties  and  imposts . 

5.  In  establishing  a  rule  of  naturalization. 

6.  In  constituting  a  tribunal  of  appeal,  paramount  to  the  supreme  judicial  court  of 
the  United  States.  i 

7.  In  changing  the  terms  of,  and  establishing  a  rule  to  hold  real  estate. 

8.  In  defining  piracies  committed  on  the  high  seas,  and  declaring  the  punishment 
thereof. 

9.  In  depriving  free  citizens  of  the  privilege  of  the  writ  of  habeas  corpus,  in  the 
case  of  piracy,  as  denned  and  punished  by  the  said  treaty  ;  and 

10.  In  attempting,  in  various  other  instances,  to  restrain  and  limit  the  legislative 
authority  of  congress. 


OF  THE  UNITED  STATES.  455 

er  by  the  president  and  senate,  in  any  of  the  foregoing  cases, 
without  the  concurrence  of  congress,  as  manifestly  tending  to  ab 
sorb  all  the  powers  of  government  in  that  department  alone  ;  to 
establish,  as^the  sole  rule  of  legislation  over  all  the  great  foreign 
and  domestic  concerns  of  the  United  States,  the  mere  will  and 
absolute  discretion  of  the  president  and  senate,  in  conjunction 
with  a  foreign  power ;  and  finally  to  overturn  and  effect  a  total 
change  in  the  present  happy  constitution  of  the  United  States — 
We  most  earnestly  pray,  that  the  representatives  of  the  people, 
in  congress  assembled,  will,  in  their  wisdom,  adopt  such  measures, 
touching  the  said  treaty,  as  shall  most  effectually  secure  from 
encroachment,  the  constitutional  delegated  powers  of  congress, 
and  the  rights  of  the  people,  and  preserve  to  our  country  an  un 
interrupted  continuance  of  the  blessings  of  peace" 

Many  of  these  petitions  were  presented  in  the  winter  of  1796, 
from  different  parts  of  the  union,  and  laid  the  foundation  of  the 
proceedings  of  the  house  in  relation  to  the  treaty.  Before  the 
merits  of  the  treaty  itself  became  a  subject  of  debate,  an  import 
ant  preliminary  question  arose  upon  a  resolution  calling  on  the 
president  for  the  instructions  of  Mr.  Jay,  and  the  correspondence 
and  documents  relating  to  it. 

This  resolution  was  offered  by  Mr.  Livingston  of  New  York,  on 
the  2d  of  March,  and  was  debated  until  the  24th  of  that  month, 
when  it  passed,  sixty  two  to  thirty  seven. 

The  principal  question  on  this  resolution  was,  as  to  the  consti 
tutional  power  of  the  house,  in  relation  to  treaties.  The  public 
feeling  on  the  treaty,  was  brought  into  the  house ;  and  never, 
since  the  adoption  of  the  constitution,  had  so  much  talent  been 
displayed,  or  so  much  warmth  manifested,  as  in  the  debates  on 
this  preliminary  question,  and  on  the  merits  of  the  treaty  itself. 

The  speakers  on  both  sides  were  numerous,  and  a  very  wide 
range  was  taken  in  debate.  Every  article  and  every  word  in 
the  constitution,  having  the  least  bearing  on  the  question,  was 
critically  examined. 

These  debates  at  large  have  been  given  to  the  public,  and  a 
sketch  of  the  principal  arguments  can  only  here  be  presented. 


456  POLITICAL  AND  CIVIL  HISTORY 

In  opposition  to  the  call,  it  was  said,  that  the  constitution,  in 
plain  and  explicit  terms,  had  declared,  that  the  president  should 
have  power,  by  and  with  the  advice  and  consent  of  the  senate,  to 
make  treaties ;  and  that  all  treaties  made,  or  which  should  be 
made,  under  the  authority  of  the  United  States,  should  be  the 
supreme  law  of  the  land.  That  the  power  of  making  treaties 
was  an  important  act  of  sovereignty  in  every  government,  and  in 
most  countries  was  very  properly  intrusted  with  the  executive 
branch.  That  the  American  constitution  had  vested  this  power 
with  the  chief  magistrate,  in  concurrence  with  two  thirds  of  the 
senate.  That  a  treaty  fairly  made,  and  embracing  those  things 
which  are  the  proper  objects  of  compact  between  nations,  when 
thus  assented  to,  and  duly  ratified,  became  a  solemn  compact 
binding  on  the  United  States,  was  the  supreme  law  of  the  land, 
and  ought  to  be  carried  into  execution.  That  legislative  aid  or 
assent,  was  not  necessary  to  give  it  validity  or  binding  force , 
though  sometimes  required,  agreeably  to  the  form  of  our  govern 
ment,  to  carry  it  into  complete  effect.  Where  laws  or  appropria 
tions  of  money  were  requisite  for  this  purpose,  it  was,  in  all  ordi 
nary  cases,  the  duty  of  the  legislative  branch  of  the  government, 
to  pass  such  laws  and  to  make  such  appropriations  ;  and  that  a 
failure  so  to  do,  would  be  a  breach  of  national  faith  ;  as  much  so 
as  to  refuse  to  make  appropriations  for  the  payment  of  a  debt 
legally  contracted. 

Extraordinary  cases,  it  was  said,  might  occur,  in  which  the 
legislature  might  be  justified  in  refusing  its  aid  to  carry  a  treaty 
into  effect.  The  conduct  of  a  nation,  with  which  the  compact 
was  made,  might  be  such,  after  the  completion  of  the  treaty  ;  or 
the  stipulations  in  it  might  be  so  ruinous  to  the  state,  as  to  ren 
der  it  proper,  and  even  make  it  a  duty,  for  the  legislative  branch, 
to  withhold  its  aid.  These  cases,  however,  it  was  said,  were  not 
to  be  governed  by  ordinary  rules,  but  when  they  occurred,  would 
make  a  law  for  themselves. 

The  house  of  representatives,  were  not  making  a  constitution, 
but  expounding  one  already  made ;  and  while  they  should  watch 


OF  THE  UNITED  STATES.  457 

with  a  jealous  eye,  every  encroachment  on  their  rights  by  anoth 
er  branch  of  the  government,  they  should  be  cautious,  not  to 
usurp  power  constitutionally  vested  in  others.  That  the  treaties 
referred  to  in  the  constitution,  included  all  those  usually  made, — 
treaties  of  peace,  alliance  and  commerce,  and  that  no  precise 
limits  to  this  power,  were  fixed,  and  from  the  nature  of  the  case, 
could  not  be.  The  people  of  the  United  States,  who  adop 
ted  the  constitution,  considered  their  interest  and  rights  suffi 
ciently  secured,  by  placing  this  necessary  and  important  power 
in  the  hands  of  the  president,  and  one  branch  of  the  legislature ; 
and  that  this  necessarily  excluded  the  other  legislative  branch. 
It  was  well  known,  it  was  also  urged,  that  most  of  the  treaties 
usually  made,  must  necessarily  include  regulations  concerning  ma 
ny  objects,  intrusted  likewise,  by  the  constitution,  to  legislative 
regulations ;  and  if  the  treaty  power  could  not  operate  on  these, 
the  power  itself,  would  be  reduced  to  very  narrow  limits ;  and 
no  treaty  with  a  foreign  nation,  could  be  made,  embracing  these 
objects ;  as  congress,  to  whom  all  legislative  power  was  giv 
en,  had  no  authority  to  make  treaties.  It  was  necessary,  also, 
it  was  said,  to  consider,  that  the  legislative  power,  and  treaty 
power,  operated  differently  and  for  different  purposes.  The  for 
mer  was  limited  to  its  own  jurisdiction,  and  could  not  extend  to 
a  foreign  jurisdiction  and  government.  A  legislature  could, 
indeed  grant  privileges  to  foreigners,  within  its  jurisdictional 
limits,  but  could  not  secure  reciprocal  privileges  in  a  for 
eign  country  ;  this  could  only  be  done,  with  the  assent  of  a  for 
eign  government ;  and  this  assent  was  not  usually  given  ex 
cept  by  treaty. 

Treaties  being  the  supreme  law  of  the  ;land,  must  also,  it 
was  said,  be  paramount  to  the  laws  of  the  United  States,  as  well 
as  the  constitution  and  laws  of  the  individual  states.  That  con 
gress,  under  the  confederation,  was  invested  with  the  power  of 
"  entering  into  treaties,  and  alliances,"  on  condition,  "  that 
no  treaty  of  commerce  should  be  made,  whereby  the  legislative 
power  of  the  respective  states  should  be  restrained  from  impo 
sing  such  imposts  and  duties  on  foreigners,  as  their  own  people 

VOL.  II.  58 


453  POLITICAL  AND  CIVIL  HISTORY 

were  subjected  to,  or  from  prohibiting  the  exportation  of  any 
species  of  goods,  or  commodities  whatsoever."  With  these 
exceptions,  the  power  was  general,  and  treaties  made  in 
pursuance  of  it,  had  been  considered  paramount  to  state  laws, 
without  the  assent  of  the  states  themselves.  When  some  of 
the  state  laws,  were  supposed  to  contravene  the  treaty  of 
peace  with  Great  Britain,  congress,  in  their  address  to  the 
states  on  the  subject,  declared  that  "  when  a  treaty  was  consti 
tutionally  made,  ratified  and  published,  it  immediately  became 
binding  on  the  whole  nation,  and  superadded  to  the  laws  of  the 
land,  without  the  intervention  of  state  legislatures.  That  trea 
ties  derived  their  obligations  from  being  compacts  between  the 
sovereigns  of  this  and  of  another  nation  ;  whereas  laws  or  stat 
utes  derived  their  force,  from  being  the  acts  of  a  legislature  com 
petent  to  the  passing  them."  They,  therefore,  unanimously 
"  resolved,  that  the  legislatures  of  the  several  states  cannot  of 
right  pass  any  act  or  acts,  for  interpreting,  explaining,  or  constru 
ing  a  national  treaty,  or  any  part  or  clause  of  it ;  nor  for  restrain 
ing,  limiting,  or,  in  any  manner,  impeding,  retarding  or  counter 
vailing  the  operation  or  execution  of  the  same  ;  for  that,  on  be 
ing  constitutionally  made,  ratified  and  published,  they  become, 
in  virtue  of  the  confederation,  part  of  the  laws  of  the  land,  and 
are  not  only  independent  of  the  will  and  power  of  such  legisla 
tures,  but,  also  binding  and  obligatory  on  them."  To  remove 
all  ground  of  complaint,  however,  on  the  part  of  Great  Britain, 
congress  recommended  to  the  States,  to  pass  general  acts,  re 
pealing  all  laws,  repugnant  to  that  treaty.  That,  afterwards, 
in  a  discusion,  with  the  British,  minister  on  this  subject,  Mr.  Jef 
ferson,  then  secretary  of  state,  speaking  of  the  repealing  acts  of 
the  states,  said,  "  indeed,  all  this  was  supererogation.  It  resulted 
from  the  instrument  of  confederation  among  the  states,  that 
treaties  made  by  congress,  according  to  the  confederation,  were 
superior  to  the  laws  of  the  states." 

The  opponents  of  the  resolution,  also  contended,  that  the 
the  constitution,  was  so  understood  not  only  in  the  general  con 
vention,  but  in  the  state  conventions,  which  ratified  that  instru- 


OF  THE  UNITED  STATES.  459 

merit ;  and  in  some  of  the  latter,  this  was  made  a  strong  ground 
of  objection,  particularly  those  of  Virginia,  and  North  Carolina. 
One  of  the  amendments  proposed  by  the  Virginia  convention,  was, 
"  that  no  commercial  treaty  should  be  ratified,  without  the  con 
currence  of  two  thirds  of  the  whole  number  of  senators  ;  and  no 
treaty,  ceding,  restraining,  or  suspending  the  territorial  rights  or 
claims  of  the  United  States,  or  any  of  their  rights  or  claims  to 
fishing  in  the  American  seas,  or  navigating  the  American  rivers, 
shall  be,  but  in  case  of  the  most  urgent  and  extreme  necessity, 
nor  shall  any  such  treaty  be  ratified  without  the  concurrence 
of  three  fourths  of  the  whole  number  of  the  members  of 
both  houses  respectively."  The  convention  of  North  Caroli 
na  proposed  an  amendment,  "  that  no  treaties  which  shall  be 
directly  opposed  to  the  existing  laws  of  the  United  States  in 
congress  assembled,  shall  be  valid  until  such  laws  shall  be  re 
pealed,  or  made  conformable  to  such  treaty ;  nor  shall  any  trea 
ty  be  valid,  which  is  contradictory  to  the  constitution  of  the  Uni 
ted  States." 

The  same  construction,  it  was  said,  had  uniformly  been 
given  to  this  part  of  the  constitution,  by  the  house  of  representa 
tives  ;  that  various  treaties  had  been  made  with  the  Indian  tribes, 
embracing  a  surrender  of  lands,  settlement  of  boundaries,  grants  of 
money,  &c. — and  when  made  and  ratified  by  the  president  and 
senate,  had  been  considered  as  laws  of  the  land,  without  the  sanc 
tion  of  the  house  ;  and  money,  when  necessary,  had  been  appro 
priated  as  a  matter  of  course  ;  that  the  constitution  made  no 
distinction  between  treaties  with  foreign  nations  and  with  Indian 
tribes,  the  same  clause  applying  to  both.  And  that  the  house,  in 
June,  1790,  declared  by  a  resolution,  "that  all  treaties  made,  or 
which  should  be  made  and  promulgated,  under  the  authority  of 
the  United  States,  should  from  time  to  time,  be  published  and  an 
nexed  to  the  code  of  laws,  by  the  secretary  of  state."  That  the 
secretaries  had  accordingly,  always  annexed  treaties  to  the  laws, 
as  soon  as  ratified  by  the  president  and  senate,  and  promulgated 
by  the  former. 


460  POLITICAL  AND  CIVIL  HISTORY 

The  resolution  was  not  only  supported  by  the  mover,  and  others, 
but  had  the  aid  of  all  the  ingenuity  and  talents  of  Mr.  Madison  and 
Mr.  Gallatin.  The  latter,  alluding  to  the  great  constitutional  ques 
tion  made  by  the  opponents  of  the  resolution,  said,  he  had  hoped 
in  that  stage  of  the  business,  this  would  have  been  avoided  ;  but 
as  gentlemen  in  opposition,  "  had  come  forward  on  that  ground, 
he  had  no  objection  to  follow  them  in  it,  and  rest  the  decision  of 
the  constitutional  powers  of  congress,  on  the  fate  of  the  present 
question.  He  would,  therefore,"  he  said,  "  state  his  opinion,  that 
the  house  had  a  right  to  ask  for  the  papers  proposed  to  be  called 
for,  because  their  co-operation  and  sanction  was  necessary,  to  car 
ry  the  treaty  into  effect,  to  render  it  a  binding  instrument,  and  to 
make  it,  properly  speaking,  a  law  of  the  land  ;  because  they  had  a 
full  discretion,  either  to  refuse  that  co-operation,  because  they  must 
be  guided,  in  the  exercise  of  that  discretion,  by  the  merits  and  ex 
pediency  of  the  treaty  itself,  and  therefore,  had  a  right  to  ask  for 
every  information,  which  could  assist  them  in  deciding  that  ques 
tion. 

"  The  general  power  of  making  treaties,"  he  observed,  "  unde 
fined  as  it  is,  by  the  clause  which  grants  it,  may  either  be  express 
ly  limited  by  some  other  positive  clauses  of  the  constitution  ;  or  it 
may  be  checked  by  some  powers  vested  in  other  branches  of  the 
government,  which,  although  not  diminishing,  may  control  the 
treaty-making  power.  That  the  specific  legislative  powers  dele 
gated  to  congress,  were  limitations  of  the  undefined  power  of 
making  treaties  vested  in  the  president  and  senate ;  and  that  the 
general  power  of  granting  money,  also,  vested  in  congress,  would 
at  all  events,  be  used,  if  necessary,  as  a  check  upon,  and  as  con- 
troling  the  exercise  of  the  powers  claimed  by  the  president  and 
senate." 

After  stating  that  a  treaty  could  not  repeal  a  law  of  the  United 
States,  Mr.  Gallatin  asked,  "  to  what  would  a  contrary  doctrine 
lead?  If  the  power  of  making  treaties  is  to  reside  in  the  presi 
dent  and  senate  unlimitedly,  in  other  words,  if  in  the  exercise  of 
this  power,  the  president  and  senate  are  to  be  restrained  by  no 
other  branch  of  the  government,  the  president  and  senate  may 


OF  THE  UNITED  STATES.  461 

absorb  all  legislative  power  ;  the  executive  has  nothing  to  do,  but 
to  substitute  a  foreign  nation  to  the  house  of  representatives,  and 
they  may  legislate  to  any  extent."  Mr.  Gallatin  further  remark 
ed,  that  "  he  should  not  say  that  the  treaty  is  unconstitutional  ; 
but  he  would  say,  that  it  was  not  the  supreme  law  of  the  land,  un 
til  it  received  the  sanction  of  the  legislature.  That  the  constitu 
tion  and  laws  made  in  pursuance  thereof,  and  treaties  made  under 
the  authority  of  the  United  States,  are  declared  to  be  the  supreme 
law  of  the  land.  The  words  are,  '  under  the  authority  of  the  Uni 
ted  States,'  not  signed  and  ratified  by  the  president ;  so  that  a 
treaty  clashing  in  any  of  its  provisions,  with  the  express  powers  of 
congress,  until  it  has  so  far  obtained  the  sanction  of  congress,  is 
not  a  treaty,  under  the  authority  of  the  United  States." 

He  also  added,  that  treaties  were  the  supreme  law  of  the  land, 
only  when  they  came  in  competition  with  the  constitutions  and 
Jaws  of  the  individual  states,  but  were  not  supreme  or  paramount 
to  the  laws  of  the  United  States,  because  it  is  declared,  in  the 
same  clause  of  the  constitution,  "  and  the  judges  in  every  state, 
shall  be  bound  thereby,  any  thing  in  the  constitution  and  laAvs  of 
any  state,  to  the  contrary  notwithstanding." 

"  It  would  have  been  childish,"  he  said,  "  if  the  constitution  had 
confined  itself  to  expressing  the  first  part  of  the  clause,  because 
no  doubt  could  arise,  whether  the  constitution,  laws,  and  treaties 
were  the  supreme  law  of  the  land  ;  but  as  the  general  govern 
ment  sprung  out  of  a  confederation  of  states,  it  was  necessary  to 
give  that  government  sufficient  authority  to  provide  for  the  gen 
eral  welfare,  that  the  laws  of  the  union,  should  supersede  the  laws 
of  the  particular  states.  But  the  clause  does  not  compare  a  trea 
ty  with  the  law  of  the  United  States,  or  either  of  them  with  the 
constitution  ;  it  only  compares  all  the  acts  of  the  federal  govern 
ment  with  the  acts  of  the  individual  states,  and  declares  that 
either  of  the  first,  whether  under  the  name  of  constitution,  law,  or 
treaty,  shall  be  paramount  to,  and  supercede  the  constitution  and 
laws  of  the  individual  states." 

The  views  of  Mr.  Madison  on  this  important  question,  were 
generally  in  accordance  with  those  expressed  by  Mr.  Gallatin. 


462  POLITICAL  AND  CIVIL  HISTORY 

He  regretted,  "  that  on  a  question  of  such  magnitude,  there  should 
be  any  apparent  inconsistency  or  inexplicitness  in  the  constitution, 
that  could  leave  room  for  {different  constructions. 

"  As  the  case,  however,  had  happened,  all  that  could  be  done," 
he  said,  "  was  to  examine  the  different  constructions  with  accu 
racy  and  fairness,  according  to  the  rules  established  therefor,  and 
to  adhere  to  that  which  should  be  found  most  rational,  consistent, 
and  satisfactory.1'  Mr.  Madison  confined  his  remarks  principally, 
to  two  different  constructions,  one,  and  that  supported  as  he  said, 
by  the  opponents  of  the  resolution,  that  the  treaty-power  was 
"  both  unlimited  in  its  objects,  and  completely  paramount  in  its 
authority  ;"  the  other,  that  the  congressional  power  was  co-oper 
ative  with  the  treaty  power,  on  the  legislative  subjects  submitted 
to  congress  by  the  constitution. 

As  to  the  first,  he  said,  "  it  was  important  and  appeared  to  him 
to  be  a  decisive  view  of  the  subject,  that  if  the  treaty  power  alone 
could  perform  any  one  act,  for  which  the  authority  of  congress  is 
required  by  the  constitution,  it  may  perform  any  act,  for  which  the 
authority  of  that  part  of  the  government  is  required.  Congress 
have  power  to  regulate  trade,  to  declare  war,  to  raise  armies,  to 
levy,  borrow,  and  appropriate  money,  &c.  If  by  treaty,  there 
fore,  as  paramount  to  the  legislative  power,  the  president  and  sen 
ate  can  regulate  trade  ;  they  can  also  declare  war,  they  can  raise 
armies  to  carry  on  war,  and  they  can  procure  money  to  support 
armies."  Mr.  Madison  was  unable,  he  said,  "  to  draw  a  line  be 
tween  any  of  the  enumerated  powers  of  congress  ;  and  did  not 
see,  but  the  president  and  senate  might,  by  a  treaty  of  alliance 
with  a  nation  at  war,  make  the  United  States  a  party  in  that  war. 
They  might  stipulate  subsidies,  and  even  borrow  money  to  pay 
them  :  they  might  furnisl^  troops  to  be  carried  to  Europe,  Asia, 
or  Africa — they  might  even  attempt  to  keep  up  a  standing  army 
in  time  of  peace,  for  the  purpose  of  co-operating  on  given  con 
tingencies  with  an  ally,  for  mutual  safety,  or  other  common  ob 
jects." 

"  The  force  of  this  reasoning,"  he  added,  "  is  not  obviated  by 
saying,  that  the  president  and  senate  could  only  pledge  the  pub- 


OF  THE  UNITED  STATES.  4G3 

lie  faith,  and  that  the  agency  of  congress  would  be  necessary  to 
carry  it  into  operation  :  For,  what  difference  does  this  make,  if 
the  obligation  imposed  be,  as  is  alledged,  a  constitutional  one ; 
if  congress  have  no  will  but  to  obey,  and  if  to  disobey  be  treason 
and  rebellion  against  the  constituted  authorities.  Under  a  con 
stitutional  obligation,  with  such  sanctions  to  it,  congress,  in  case 
the  president  and  senate  should  enter  into  an  alliance  for  war, 
would  be  nothing  more  than  the  mere  heralds  for  proclaiming  it." 

He  considered  that  construction  the  most  consistent,  most  in 
accordance  with  the  spirit  of  the  constitution,  and  freest  from 
difficulties,  "  which  left  with  the  president  and  senate  the  power 
of  making  treaties,  but  required,  at  the  same  time,  the  legislative 
sanction  and  co-operation,  in  those  cases  where  the  constitution 
had  given  express  and  specified  powers  to  the  legislature.  It  was 
to  be  presumed,"  he  said,  "  that  in  all  such  cases,  the  legislature 
would  exercise  its  authority  with  discretion,  allowing  due  weight 
to  the  reasons  which  led  to  the  treaty.  Still,  however,  this  house, 
in  its  legislative  capacity,  must  exercise  its  reason;  it  must  delib 
erate  ;  for  deliberation  is  implied  in  legislation.  If  it  must  carry 
all  treaties  into  effect,  it  would  no  longer  exercise  a  legislative 
power ;  it  would  be  the  mere  instrument  of  the  will  of  another 
department,  and  would  have  no  will  of  its  own.  When  the  con 
stitution  contains  a  specific  and  peremptory  injunction  on  con 
gress  to  do  a  particular  act,  congress  must,  of  course,  do  the  act, 
because  the  constitution,  which  is  paramount  over  all  the  depart 
ments,  has  expressly  taken  away  the  legislative  discretion  of  con 
gress.  The  case  is  essentially  different  when  the  act  of  one  de 
partment  of  government,  interferes  with  a  power  expressly  vested 
in  another,  and  no  where  expressly  taken  away :  Here  the  latter 
power  must  be  exercised  according  to  its  nature  ;  and  if  it  be  a 
legislative  power,  it  must  be  exercised  with  that  deliberation  and 
discretion,  which  is  essential  to  legislative  power." 

The  general  doctrine  of  the  advocates  of  the  resolution  was, 
that  the  power  to  make  treaties  was  limited  to  such  objects  as 
were  not  comprehended  and  included  in  the  specified  powers 
given  to  congress ;  or  that  a  treaty,  embracing  such  objects,  was 


464  POLITICAL  AND  CIVIL  HISTORY 

not  valid ;  that  is,  was  not  the  supreme  law  of  the  land,  unless 
sanctioned  by  the  house.* 

The  advocates  of  the  resolution  also  said,  that  this  was  the 
first  time  this  question  had  come  before  the  house  for  their  deter 
mination  ;  and  that  whatever  opinions  might  heretofore  have 
been  expressed  by  individuals  or  by  public  bodies,  could  have 
little  weight. 

The  constitution  having  fixed  no  precise  limits  to  the  treaty- 
powers,  the  constructive  limitations  contended  for  by  the  advo 
cates  of  the  resolution,  were  deemed  totally  inadmissible  by  its 
opponents.  If  this  extensive  power  was  liable  to  abuse  in  the 
hands  of  the  president  and  senate,  they  remarked,  the  same  might 
be  said  of  all  the  general  powers  given  to  congress.  In  answer 
to  the  limited  construction  given  to  the  words,  "  under  the  author 
ity  of  the  United  States,"  confining  their  operation  to  the  consti 
tutions  and  laws  of  the  individual  states,  it  was  said,  that  they 
referred  to  treaties  already  made  under  the  confederation,  as  well 
as  those  to  be  made  under  the  new  government.  With  respect 
to  the  co-operative  powers  of  congress,  or  of  the  house,  in  giving 
validity  to  treaties,  it  was  asked,  in  what  way  this  power  was  to 
be  exercised  ?  Congress  could  only  act  in  their  legislative  capa 
city,  and  their  sanction  must  be  given  by  a  law.  This  law  might 
be  passed  by  a  bare  majority  of  both  houses,  and  if  not  approved 
by  the  president,  might  still  be  repassed  by  two  thirds,  and  be 
come  a  law,  without  the  assent  of  the  president. 

According  to  this  doctrine,  it  was  also  said,  a  treaty  might  be 
sanctioned  without  the  consent  of  two  thirds  of  the  senate,  as  a 
law  might  be  passed  by  a  bare  majority  of  the  senate  and  house, 
and  be  approved  by  the  president. 

This  call  for  executive  papers,  with  its  avowed  object,  placed 
the  president  in  a  delicate  situation.  Satisfied,  after  mature  re 
flection,  with  regard  to  his  constitutional  duty,  he  did  not  hesi 
tate  as  to  the  course  to  be  pursued.  In  answer,  therefore,  oil 
the  30th  of  March,  he  sent  to  the  house  the  following  message, 
assigning  his  reasons  for  not  complying  with  their  request. 

*  See  printed  Debates  on  the  British  Treaty. 


OF  THE  UNITED  STATES.  4G  •> 

"  Gentlemen  of  the  house  of  representatives  : — 

"  With  the  utmost  attention  I  have  considered  your  resolution 
of  the  24th  instant,  requesting  me  to  lay  before  your  house  a 
copy  of  the  instructions  to  the  minister  who  negociated  the  trea 
ty  with  the  king  of  Great  Britain,  together  with  the  correspon 
dence  and  other  documents  relative  to  that  treaty,  excepting 
such  of  the  said  papers  as  any  existing  negociation  may  render 
improper  to  be  disclosed. 

"  In  deliberating  upon  this  subject,  it  was  impossible  to  lose 
sight  of  the  principle  which  some  have  avowed  in  its  discussion, 
or  to  avoid  extending  my  views  to  the  consequences  which  must 
follow  from  the  admission  of  that  principle. 

"  I  trust  that  no  part  of  my  conduct  has  ever  indicated  a  dispo 
sition  to  withhold  any  information,  which  the  constitution  has 
enjoined  upon  the  president  as  a  duty  to  give,  or  which  could  be 
required  of  him,  by  either  house  of  congress,  as  a  right ;  and  with 
truth  I  affirm  that  it  has  been,  as  it  will  continue  to  be,  while  I 
have  the  honor  to  preside  in  the  government,  my  constant  en 
deavor  to  harmonize  with  the  other  branches  thereof,  so  far  as 
the  trust  delegated  to  me  by  the  people  of  the  United  States, 
and  my  sense  of  the  obligation  it  imposes  '  to  preserve,  protect, 
and  defend  the  constitution,'  will  permit. 

"  The  nature  of  foreign  negociations  require  caution ;  and 
their  success  must  often  depend  on  secrecy ;  and  even  when 
brought  to  a  conclusion,  a  full  disclosure  of  all  the  measures,  de 
mands,  or  eventual  concessions,  which  may  have  been  proposed 
or  contemplated,  would  be  extremely  impolitic ;  for  this  might 
have  a  pernicious  influence  on  future  negociations,  or  produce 
immediate  inconveniences,  perhaps  danger  and  mischief,  in  rela 
tion  to  other  powers.  The  necessity  of  such  caution  and  secu 
rity  was  one  cogent  reason  for  vesting  the  power  of  making  trea 
ties  with  the  president,  with  the  advice  and  consent  of  the  senate  ; 
the  principle  on  which  that  body  was  formed  confining  it  to  a 
small  number  of  members. 

"  To  admit,  then,  a  right  in^the  house  of  representatives,  to  de 
mand,  and  to  have,  as  a  matter  of  course,  all  the  papers  respect- 

VOL.  II.  59 


466  POLITICAL  AND  CIVIL  HISTORY 

ing  a  negociation  with  a  foreign  power,  would  be  to  establish  a 
dangerous  precedent. 

"  It  does  not  occur,  that  the  inspection  of  the  papers  asked  for} 
can  be  relative  to  any  purpose  under  the  cognizance  of  the  house 
of  representatives  except  an  impeachment,  which  the  resolution 
has  not  expressed.  I  repeat,  that  I  have  no  disposition  to  with 
hold  any  information  which  the  duty  of  my  station  will  permit, 
or  the  public  good  shall  require,  to  be  disclosed  ;  and,  in  fact,  all 
the  papers  affecting  the  negociation  with  Great  Britain,  were 
laid  before  the  senate,  when  the  treaty  itself  was  communicated, 
for  their  consideration  and  advice. 

"  The  course  which  the  debate  has  taken  on  the  resolution  of 
the  house,  leads  to  some  observations  on  the  mode  of  making 
treaties  under  the  constitution  of  the  United  States.  Having  been 
a  member  of  the  general  convention,  and  knowing  the  principles 
on  which  the  constitution  was  formed,  I  have  ever  entertained 
but  one  opinion  on  this  subject ;  and  from  the  first  establishment 
of  the  government  to  this  moment,  my  conduct  has  exemplified 
that  opinion,  that  the  power  of  making  treaties  is  exclusively 
vested  in  the  president,  by  and  with  the  advice  and  consent  of 
the  senate,  provided  two  thirds  of  the  senate  present  concur ; 
and  that  every  treaty  so  made  and  promulgated,  thenceforward 
becomes  the  law  of  the  land.  It  is  thus  that  the  treaty  making 
power  has  been  understood  by  foreign  nations  ;  and  in  all  trea 
ties  made  with  them,  we  have  declared,  and  they  have  believed, 
that  when  ratified  by  the  president,  with  the  advice  and  consent 
of  the  senate,  they  become  obligatory. 

"  In  this  construction  of  the  constitution,  every  house  of  repre 
sentatives  has  heretofore  acquiesced  ;  and  until  the  present  time, 
not  a  doubt  or  suspicion  has  appeared,  to  my  knowledge,  that 
this  construction  of  the  constitution  was  not  the  true  one.  Nay, 
they  have  more  than  acquiesced ;  for  till  now,  without  contro 
verting  the  obligation  of  such  treaties,  they  have  made  all  the  re 
quisite  provisions  for  carrying  them  into  effect. 

"  There  is,  also,  reason  to  believe  that  this  construction  agrees 
with  the  opinions  entertained  by  the  state  conventions,  when  they 


OF  THE  UNITED  STATES.  4G7 

were  deliberating  on  the  constitution  ;  especially  by  those  who 
objected  to  it,  because  there  was  not  required  in  commercial  trea 
ties,  the  consent  of  two  thirds  of  the  whole  number  of  the  mem 
bers  of  the  senate,  instead  of  two  thirds  of  the  senators  present ; 
and  because  in  treaties  respecting  territorial  and  certain  other 
rights  and  claims,  the  concurrence  of  three  fourths  of  the  whole 
number  of  the  members  of  both  houses  respectively,  was  not 
made  necessary.  It  is  a  fact  declared  by  the  general  convention, 
and  universally  understood,  that  the  constitution  of  the  United 
States  was  the  result  of  a  spirit  of  amity  and  mutual  concession. 
And  it  is  well  known  that  under  this  influence,  the  smaller  states 
were  admitted  to  an  equal  representation  in  the  senate,  with  the 
larger  states  ;  and  that  this  branch  of  the  government  was  invest 
ed  with  great  powers ;  for  on  the  equal  participation  of  these 
powers  the  sovereignty  and  political  safety  of  the  smaller  states 
were  deemed  essentially  to  depend.  If  other  proofs  than  these, 
and  the  plain  letter  of  the  constitution  itself,  be  necessary  to  as 
certain  the  point  under  consideration,  they  may  be  found  in  the 
journals  of  the  general  convention,  which  I  have  deposited  in  fhe 
office  of  the  department  of  state. 

"  In  these  journals,  it  will  appear  that  a  proposition  was  made, 
*  that  no  treaty  should  be  binding  on  the  United  States,  which 
was  not  ratified  by  a  law,'  and  that  the  proposition  was  explicitly 
rejected. 

"  As,  therefore,  it  is  perfectly  clear  to  my  understanding,  that 
the  assent  of  the  house  of  representatives  is  not  necessary  to  the 
validity  of  a  treaty  ;  as  the  treaty  with  Great  Britain  exhibits  in 
itself,  all  the  objects  requiring  legislative  provision,  and  on  these 
the  papers  called  for  can  throw  no  light  ;  and  as  it  is  essential  to 
the  due  administration  of  the  government,  that  the  boundaries 
fixed  by  the  constitution  between  the  different  departments, 
should  be  preserved — a  just  regard  to  the  constitution  and  to  the 
duty  of  my  office,  under  all  the  circumstances  of  this  case,  forbid 
a  compliance  with  your  request."* 

*  American  State  Papers,  vol.  2,  pp.  102-— 105. 


4G8  POLITICAL  AND  CIVIL  HISTORY 

The  opinion  of  the  president,  on  this  important  constitutional 
question,  however  satisfactory  it  may  now  be  to  those  who  exa 
mine  it  without  any  particular  bias,  was  by  no  means,  in  accord 
ance  with  that  of  the  house.  A  resolution  was  submitted,  declar 
ing  the  constitutional  power  of  that  body,  in  relation  to  treaties  ; 
and  on  the  7th  of  April,  was  adopted,  fifty-seven  to  thirty-five, 
and  entered  on  the  journals.  After  referring  to  the  section  of 
the  constitution  concerning  treaties,  it  declared,  "  that  the 
house  of  representatives  do  not  claim  any  agency  in  making 
treaties  ;  but  that  when  a  treaty  stipulates  regulations  on 
any  of  the  subjects  submitted  by  the  constitution  to  the  power  of 
congress,  it  must  depend  for  its  execution,  as  to  such  stipulations, 
on  a  law  or  laws  to  be  passed  by  congress  ;  and  it  is  the  constitu 
tional  right  and  duty  of  the  house  of  representatives,  in  all  such 
cases,  to  deliberate  on  the  expediency  or  inexpediency  of  carry 
ing  such  treaty  into  effect,  and  to  determine  and  act  thereon,  as 
in  their  judgment  may  be  most  conducive  to  the  public  good." 

A  second  resolution  was  added,  asserting  that  it  was  not  ne 
cessary  to  the  propriety  of  any  application  from  the  house  to 
the  executive  for  information  desired  by  them,  and  which  might 
relate  to  any  constitutional  functions  of  the  house,  that  the  pur 
poses  for  which  such  information  might  be  wanted,  or  to  which 
it  might  be  applied,  should  be  stated  in  the  application. 

The  opinion  expressed  in  this  resolution,  relative  to  the  power 
of  the  house  regarding  treaties,  was  somewhat  equivocal,  and 
seemed  to  be  confined  to  the  expediency  merely,  of  making  the 
requisite  provision  for  carrying  them  into  effect,  whenever  legis 
lative  aid  was  necessary  for  that  purpose.* 

*  The  question  regarding  the  constitutional  powers  of  congress  or  of  the  house,  in 
relation  to  treaties,  came  before  congress  in  1814,  when  the  commercial  treaty  or  con 
vention  with  Great  Britain  of  July,  1815,  was  laid  before  that  body  by  the  president. 
The  house,  at  first  differed  with  the  senate,  as  to  the  form  of  a  law,  for  carrying  into 
effect,  that  part  of  the  convention,  which  stipulated  an  equality  of  duties,  in  certain 
cases.  The  house  at  first,  passed  a  bill*  equalizing  the  duties,  without  referring  to 
the  convention. 

The  senate  negatived  this,  and  passed  a  declaratory  bill,  and  to  which,  after  a  con- 


OF  THE  UNITED  STATES. 

The  president,  during  this  session,  had  submitted  to  the  house, 
copies  of  the  treaties  with  Spain,  with  the  Dey  and  Regency  of 
Algiers,  and  with  the  Indians  north-west  of  the  Ohio.  On  the 
1 3th  of  April,  a  resolution  was  submitted  by  Mr.  Sedgwick,  de 
claring,  that  provision  ought  to  be  made  by  law,  for  carrying  into 
effect  these  treaties,  as  well  as  that  with  Great  Britain,  embracing 
them  all  in  the  same  resolution. 

After  much  altercation  on  the  subject  of  thus  joini'i^  all  these 
treaties  together,  a  division  was  mide,  and  the  question  taken 
on  each.  The  resolution  was  amended  by  a  majority  of  eighteen, 
so  as  to  read,  'that  it  is  expedient  to  pass  the  laws  necessary  for 
carrying  into  effect,'  &c. 

The  subject  of  the  British  treaty  was  taken  up  on  the  1 5th  of 
April,  and  debated  in  committee  of  the  whole,  until  the  29th  of 
the  same  month,  when  the  question  was  decided  in  the  affirma 
tive,  by  the  casting  vote  of  the  chairman,  Mr.  Muhlenburgh, 
who  declared  be  was  not  satisfied  with  the  resolution  as  it  then 
stood,  but  should  vote  for  it,  that  it  might  go  to  the  house  and 
be  there  modified,  so  as  to  meet  his  approbation. 

The  next  day,  an  amendment  was  proposed  by  Mr.  Dear 
born,  by  way  of  preamble — "  Whereas,  in  the  opinion  of  this 
house,  the  treaty  is  highly  objectionable,  and  may  prove  in 
jurious  to  the  United  States  ;  yet  considering  all  circumstances 
relating  thereto,  and  particularly,  that  the  last  eighteen  articles 
are  to  continue  in  force  only  during  the  present  war,  and  two 
years  thereafter  ;  and  confiding,  also,  in  the  efficiency  of  meas 
ures  which  may  be  taken,  for  bringing  about  a  discontinuance  of 
the  violations  committed  on  our  neutral  rights,  in  regard  to  ves 
sels  and  seamen,  therefore,"  &c.  After  striking  out  the  words, 
"  highly  objectionable,  and  may  prove  injurious  to  the  United 
States,"  the  preamble  was  negatived,  fifty  to  forty-nine,  and  the 

ference,  the  house  agreed  100  to  35.  This  bill,  merely  "  enacted  and  declared,  that 
so  much  of  any  act  as  imposes  a  higher  duty  of  tonnage,  or  of  impost  on  vessels  and 
articles  imported  in  vessels  of  the  United  States,  contrary  to  the  pro  visions  of  the  con^ 
vention,  should  be  deemed  and  taken  to  be  of  no  force  and  effect." 


470  POLITICAL  AND  CIVIL  HISTORY 

resolution  as  reported  to  the  house,  passed  fifty-one  to  forty-eight, 
and  bills  ordered  to  be  prepared  accordingly. 

Those  in  favor  of  the  treaty,  seemed  not  disposed  to  enter  into  a 
discussion  of  its  merits,  alleging  that  every  member,  had  made 
up  his  mind  on  the  subject,  that  despatch  was  necessary,  in  case 
the  treaty  was  carried  into  effect.  The  posts  were  to  be  deliver 
ed  up  on  the  first  of  June,  and  this  required  previous  arrange 
ments  on  the  part  of  the  American  government.  Mr.  Murray 
said,  "  that  the  subject  was  completely  understood,  both  by  the 
house  and  country,  and  the  time  so  extremely  pressing,  that  the 
execution  of  the  treaty  was  more  valuable,  than  any  explanation 
which  members  could  give.  The  country  requires  of  us  at  this 
crisis,  acts  not  speeches." 

Mr.  Giles,  in  reply,  hoped  "  a  question  which  had  already  pro 
duced  so  much  agitation,  would  be  taken  up  and  decided  upon, 
in  a  manner  suitable  to  its  importance.  He  thought  it  would  not 
be  treating  the  public  mind  with  a  sufficient  degree  of  respect,  to 
take  a  hasty  vote  upon  the  subject.  He  did  not  think  that  gen 
tlemen  in  favor  of  the  treaty,  would  have  wished  to  have  got  rid 
of  it,  in  this  way.  He  avowed,  he  could  not  discover  those  mer 
its  in  the  treaty,  which  other  gentlemen  cried  up  ;  but  he  pledg 
ed  himself,  that  if  they  would  convince  him,  that  the  treaty  was 
a  good  one,  he  would  vote  for  it.  He  was  desirous  of  knowing, 
in  what  latent  corner  its  good  features  lay,  as  he  had  not  been 
able  to  find  them.  He  thought  he  should  be  able  to  show  fea 
tures  in  it,  which  were  not  calculated  for  the  good,  but  for  the 
mischief  of  the  country.  He  hoped,  therefore,  the  committee 
would  rise  and  suffer  a  proper  discussion."  Mr.  Tracy  said,  "  he 
hoped  the  committee  would  rise.  The  gentleman  from  Virginia 
wished  to  deliver  his  sentiments  on  the  occasion,  and  he  wished 
to  hear  him.  He  was,  also,  willing  to  give  him  time  ;  for  if  he 
had  the  task  upon  him,  to  prove  the  British  treaty  as  bad,  as  it 
had  been  represented  to  be,  he  ought  not  to  be  hurried."  Mr. 
Murray,  in  reply  >  "  would  vote  for  the  committee  to  rise,  as  he 
despaired  of  taking  a  vote  or  hearing  a  word  said  to  day,  on  the 
merits  of  the  resolution  offered.  Gentlemen  will,  of  course. 


OF  THE  UNITED  STATES.  475 

come  prepared,  and  he  trusted,  that  however  terrible  the  treaty 
may  have  struck  them  in  the  dark,  a  little  discussion  might  di 
minish  their  horrors.  He  could  not,  however,  suppress  his  sur 
prise,  that  none  of  those,  and  in  particular  the  gentleman  from 
Virginia,  (Mr.  Giles,)  who  had  entertained  opinions  so  hostile  to 
this  treaty  so  long,  should  be  at  a  loss  to  enter  on  its  discussion, 
with  an  eagerness  proportioned  to  their  zeal  and  conviction  of 
its  mighty  faults.  But  the  gentleman,  it  seems,  has  left  his  paints 
and  brushes  at  home,  and  cannot  now  attempt,  though  the  can 
vass  is  before  him,  to  give  us  those  features  of  the  treaty,  which 
had  been  so  caricatured  out  of  doors." 

"  He  would  agree  that  the  committee  should  rise,  hoping  that 
the  delay  was  owing  to  an  aversion  to  do  mischief,  and  relying 
on  the  effects  of  a  night's  reflection ;  the  pillow  is  the  friend  of 
conscience."* 

With  a  temper  and  with  feelings  thus  indicated,  did  the  house 
enter  upon  the  discussion  of  this  interesting  and  important  sub 
ject^  The  debate  was  opened,  the  next  day,  by  Mr.  Madison, 
against  the  treaty,  and  in  the  course  of  the  discusssion  he  was 
followed  on  the  same  side  by  Mr.  Swanwick,  Mr.  Nicholas,  Mr. 
Giles,  Mr.  Heath,  Mr.  Page,  Mr.  Findley,  Mr.  Rutherford,  Mr. 
Moore,  Mr.  Holland,  Mr.  S.  Smith,  Mr.  Gallatin,  and  Mr.  Pres 
ton — while  the  resolution  was  supported  by  Mr.  Ames,  Mr.  Coit, 
Mr.  Dwight,  Mr.  Foster,  Mr.  Gilbert,  Mr.  Goodhue,  Mr.  Gris- 
wold,  Mr.  Harper,  Mr.  Henderson,  Mr.  Hillhouse,  Mr.  Kittera, 
Mr.  Murray,  Mr.  N.  Smith,  Mr.  T.  Smith,  Mr.  Swift,  Mr.  Tracy, 
Mr.  Williams,  Mr.  S.  Lyman,  Mr.  Cooper,  Mr.  Bourne,  Mr. 
Kitchell,  and  Mr.  Dayton. 

In  this  debate  not  only  the  constitutional  powers  of  the  house, 
in  relation  to  treaties,  were  again  discussed,  but  every  article, 
and  every  clause  in  the  treaty  examined,  and  its  merits  and  de 
merits  developed.  The  arguments  on  both  sides  were  pushed 
to  an  extreme,  and  partook  not  a  little  of  personal  as  well  as  po 
litical  feelings. 

*  See  printed  Debates  on  the  British  Treaty, 


472  POLITICAL  AND  CIVIL  HISTORY 

The  objections  of  those  opposed  to  carrying  the  treaty  into 
effect  were  generally,  that  it  wanted  reciprocity, — that  it  gave  up 
all  claim  of  compensation  for  negroes  carried  away  contrary  to 
the  treaty  of  peace,  and  for  the  detention  of  the  western  posts— 
that  it  contravened  the  French  treaty,  and  sacrificed  the  interest 
of  an  ally  to  that  of  Great  Britain — that  it  gave  up,  in  several  im 
portant  instances,  the  law  of  nations,  particularly  in  relation  to 
free  ships  making  free  goods,  cases  of  blockade,  and  contraband 
of  war — that  it  improperly  interfered  with  the  legislative  powers 
of  congress,  especially  by  prohibiting  the  sequestration  of  debts — 
and  that  the  commercial  part  gave  few  if  any  advantages  to  the 
United  States. 

On  the  other  hand  it  was  urged,  that  the  treaty  had  been  con 
stitutionally  made  and  promulgated,  that  a  regard  to  public  faith, 
and  the  best  interests  of  the  country,  under  all  circumstances, 
required  it  should  be  carried  into  eifect,  although  not,  in  all 
respects  perfectly  satisfactory — that  it  settled  disputes  between 
the  two  governments  of  a  long  standing,  of  a  very  interesting  na 
ture,  and  which  it  was  particularly  important  for  the  United 
States  to  bring  to  a  close — that  provision  also  was  made  for  a 
settlement  of  those  of  more  recent  date,  not  less  affecting  the 
sensibility  as  well  as  honor  of  the  country;  and  in  which  the 
commercial  part  of  the  community  had  a  deep  interest — that  in 
no  case  had  the  law  of  nations  been  given  up — that  the  question 
as  to  provisions  being  contraband,  although  not  settled,  was  left 
as  before  the  treaty — that  the  conventional  rights  of  France  were 
saved  by  an  express  clause,  and  as  to  the  sequestration  of  private 
debts,  it  was  said,  this  was  contrary  to  every  principle  of  moral 
ity  and  good  faith,  and  ought  never  to  take  place — that  the  com 
mercial  part  would,  probably,  be  mutually  beneficial,  was  a  mat 
ter  of  experiment,  and  was  to  continue  only  two  years  after  the 
close  of  the  war  in  Europe.  That  in  fine,  on  the  part  of  the  Uni 
ted  States,  the  only  choice  left  was  treaty  or  war. 

A  want  of  reciprocity  in  the  West  India  trade  was  particularly 
urged  against  the  treaty. 

A  treaty  of  commerce  with  Great  Britain,  excluding  a  recipro 
city  for  American  vessels  in  the  West  Indies^was  a  phenomenon. 


OF  THE  UNITED  STATES.  473 

they  said,  which  filled  them  with  more  surprise  than  they  knew 
how  to  express.*  ^ 

No  question  in  congress  had  ever  elicited  more  talents  or 
created  greater  solicitude  than  this.  The  loss  of  national  char 
acter  from  a  breach  of  plighted  faith,  was  strongly  urged  by  those 
who  believed  the  house  bound  to  carry  the  treaty  into  effect. 
Should  the  treaty  be  rejected,  war,  it  was  also  said,  could  not 
be  avoided  consistently  with  the  character  and  honor  of  the  Amer 
ican  nation.  The  western  posts  would  be  retained,  the  Indians 
again  placed  under  the  control  of  the  British,  millions  unjustly 
taken  from  the  merchants  would  be  lost,  and  perhaps  as  many 
millions  more  added  by  future  spoliations  ;  redress  for  past,  and 
security  against  future  injuries,  must,  it  was  said,  be  obtained, 
either  by  treaty  or  by  war.  It  was  impossible  that  the  American 
people  could  sit  down  quietly,  without  an  effort  to  right  themselves. 

On  these  topics  all  the  talents  and  all  the  eloquence  of  the 
advocates  of  the  treaty,  were  exerted  and  displayed. 

"  To  expatiate  on  the  value  of  public  faith,"  said  Mr.  Ames, 
"  may  pass  with  some  men  for  declamation — to  such  men  I 
have  nothing  to  say.  To  others  I  will  urge — can  any  circum 
stance  mark  upon  a  people  more  turpitude  and  debasement? 
can  any  thing  tend  more  to  make  men  think  themselves  mean, 
or  degrade  to  a  lower  point  their  estimation  of  virtue,  and  their 
standard  of  action  ?  It  would  not  merely  demoralize  mankind, 
it  tends  to  break  all  the  ligaments  of  society,  to  dissolve  that  mys 
terious  charm  which  attracts  individuals  to  the  nation,  and  to 
inspire  in  its  stead  a  repulsive  sense  of  shame  and  disgust.  What 
is  patriotism  ?  Is  it  a  narrow  affection  for  the  spot  where  man 
was  born  ?  are  the  clods  where  we  tread,  entitled  to  this  ardent 
preference,  because  they  are  greener  ?  No,  sir,  this  is  not  the 
character  of  the  virtue,  and  it  soars  higher  for  its  object.  It  is 

*  The  subject  of  the  West  India  trade  still  remains  unsettled.  In  1815,  during 
the  presidency  of  Mr.  Madison,  a  commercial  treaty  was  made  with  Great  Britain, 
and  which  received  his  approbation,  in  which  this  trade  was  not  secured  to  the  United 
States. 

VOL.  II.  60 


474  POLITICAL  AND  CIVIL  HISTORY 

an  extended  self-love,  mingling  with  all  the  enjoyments  of  life, 
and  twisting  itself  with  the  minutest  filaments  of  the  heart.  It  is 
thus  we  obey  the  laws  of  society,  because  they  are  the  laws  of 
virtue.  In  their  authority  we  see,  not  the  array  of  force  and 
terror,  but  the  venerable  image  of  our  country's  honor.  Every 
good  citizen  makes  that  honor  his  own,  and  cherishes  it  not  only 
as  precious,  but  as  sacred.  He  is  willing  to  risque  his  life  in  its 
defense,  and  is  conscious  that  he  gains  protection  while  he  gives 
it.  For  what  rights  of  a  citizen  will  be  deemed  inviolable,  when 
a  state  removes  the  principles  that  constitute  their  security  ?  Or 
if  his  life  should  not  be  invaded,  what  would  its  enjoyment  be,  in 
a  country  odious  in  the  eyes  of  strangers,  and  dishonorable  in 
his  own  ?  Could  he  look  with  affection  and  veneration  to  such  a 
country  as  his  parent  ?  The  sense  of  having  one  would  die  with 
in  him,  he  would  blush  for  his  patriotism,  if  he  retained  any,  and 
.justly  for  it  would  be  a  vice.  He  would  be  a  banished  man  in  his 
native  land. 

"  I  see  no  exception  to  the  respect  that  is  paid  among  nations 
to  the  laws  of  good  faith.  If  there  are  cases  in  this  enlightened 
period  where  it  is  violated,  there  are  none  where  it  is  denied.  It 
is  the  philosophy  of  politics,  the  religion  of  government.  It  is 
observed  by  barbarians — a  whiff  of  tobacco  smoke,  or  a  string  of 
beads,  gives  not  merely  binding  force,  but  sanctity  to  treaties. 
Even  in  Algiers,  a  truce  may  be  bought  for  money,  but  when 
ratified,  even  Algiers  is  too  wise,  or  too  just  to  disown  and  annul 
its  obligation.  Thus  we  see  neither  the  ignorance  of  savages, 
nor  the  principles  of  an  association  for  piracy  and  rapine,  permit 
a  nation  to  despise  its  engagements. 

"  Will  the  tendency  to  Indian  hostilities,"  he  added,  "  be  con 
tested  by  any  one  ?  Experience  gives  the  answer.  The  frontiers 
were  scourged  with  war,  till  the  negociation  with  Great  Britain 
was  far  advanced,  and  then  the  state  of  hostility  ceased.  Perhaps 
the  public  agents  of  both  nations  are  innocent  of  fomenting  the 
Indian  war,  and  perhaps  they  are  not.  We  ought  not,  however, 
to  expect  that  neighboring  nations,  highly  agitated  against  each 
other,  will  neglect  the  friendship  of  the  savages  ;  the  traders  will 


OF  THE  UNITED  STATES. 

gain  an  influence  and  will  abuse  it ;  and  who  is  ignorant  that 
their  passions  are  easily  raised,  and  hardly  restrained  from  vio 
lence  ?  This  situation  will  oblige  them  to  choose  between  this 
country  and  Great  Britain,  in  case  the  treaty  should  be  rejected. 
They  will  not  be  our  friends  and  at  the  same  time  the  friends  of 
our  enemies. 

"  But  am  I  reduced  to  the  necessity  of  proving  this  point  ?  Cer 
tainly  the  very  men,  who  charged  the  Indian  war  on  the  deten 
tion  of  the  posts,  will  call  for  no  other  proof  than  the  recital  of 
their  own  speeches.  It  is  remembered  with  what  emphasis,  with 
what  acrimony,  they  expatiated  on  the  burden  of  taxes,  and  the 
drain  of  blood  and  treasure  into  the  western  country,  in  conse 
quence  of  Britain's  holding  the  posts.  Until  the  posts  are  re 
stored,  they  exclaimed,  the  treasury  and  frontiers  must  bleed. 

"  If  any,  against  all  these  proofs,  should  maintain  that  the 
peace  with  the  Indians  will  be  stable  without  the  posts,  to  them? 
I  will  urge  another  reply.  From  arguments  calculated  to  pro 
duce  conviction,  I  will  appeal  directly  to  the  hearts  of  those  who 
hear  me,  and  ask  whether  it  is  not  already  planted  there.  I  re 
sort  especially  to  the  conviction  of  the  western  gentlemen, 
whether,  supposing  no  posts  and  no  treaty,  the  settlers  will  re 
main  in  security  ?  Can  they  take  it  upon  themselves  to  say,  that 
an  Indian  peace,  under  these  circumstances,  will  prove  firm  ? 
No  Sir,  it  will  not  be  peace,  but  a  sword.  It  will  be  no  better 
than  a  lure  to  draw  victims  within  the  reach  of  the  tomahawk. 
On  this  theme,  my  feelings  are  unutterable  ;  if  I  could  find  words 
for  them,  if  my  powers  bore  any  proportion  to  my  zeal,  I  would 
swell  my  voice  to  such  a  note  of  remonstrance,  it  should  reach 
every  log-house  beyond  the  mountains.  I  would  say  to  the  in 
habitants,  wake  from  your  false  security.  Your  cruel  dangers, 
your  more  cruel  apprehensions,  are  soon  to  be  renewed.  The 
wounds,  yet  unhealed,  are  to  be  torn  open  again.  In  the  day 
time,  your  path  through  the  woods  will  be  ambushed.  The  dark 
ness  of  the  night  will  glitter  with  the  blaze  of  your  dwellings. 
You  are  a  father — the  blood  of  your  sons  will  fatten  your  corn 
fields*  You  are  a  mother — the  war  whoop  shall  wake  the  sleep 


476  POLITICAL  AND  CIVIL  HISTORY 

of  the  cradle.  On  this  subject  you  need  not  suspect  any  decep 
tion  on  your  feelings.  It  is  a  spectacle  of  horror  which  cannot 
be  overdrawn.  If  you  have  nature  in  your  hearts  it  will  speak 
a  language  compared  with  which,  all  I  have  said  or  can  say,  will 
be  poor  and  frigid.  Will  it  be  whispered  that  the  treaty 
has  made  me  a  new  champion  for  the  protection  of  the  fron 
tiers  ?  It  is  known  that  my  voice  as  well  as  vote  have  been  uni 
formly  given  in  conformity  with  the  ideas  I  have  expressed. 

Protection  is  the  right  of  the  frontiers  ;  it  is  our  duty  to 
give  it. 

"  It  is  vain1'  he  said  "  to  offer  as  an  excuse,  that  public  men, 
are  not  to  be  reproached  for  the  evils  that  may  happen  to  ensue 
from  their  measures.  This  is  very  true,  when  they  are  unforeseen 
or  inevitable.  Those  I  have  depicted,  are  not  unforeseen,  they 
are  so  far  from  inevitable,  we  are  going  to  bring  them  into  being  by 
our  vote.  We  choose  the  consequences,  and  become  as  justly  an 
swerable  for  them,  as  for  the  measures  we  know  will  produce  them. 
By  rejecting  the  posts,  we  light  the  savage  fires,  we"1  bind  the 
victims.  This  day  we  undertake  to  render  account  to  the  wid 
ows  and  orphans  whom  our  decision  will  make,  to  the  wretches 
that  will  be  roasted  at  the  stake,  to  our  country,  and  I  do  not 
deem  it  too  serious  to  say,  to  conscience  and  to  God.  We  are 
answerable,  and  if  duty  be  any  thing  more  than  a  word  of  im 
posture,  if  conscience  be  not  a  bugbear,  we  are  preparing  to 
make  ourselves  as  wretched  as  our  country.  There  is  no  mis 
take  in  this  case,  there  can  be  none.  Experience  has  already 
been  the  prophet  of  events,  and  the  cries  of  our  future  victims 
have  already  reached  us.  The  voice  of  humanity  issues  from  the 
shade  of  their  wilderness.  It  exclaims,  that  while  one  hand  is 
held  up  to  reject  the  treaty,  the  other  grasps  a  tomahawk.  It 
summons  our  imagination  to  the  scenes  that  will  open.  It  is  no 
great  eifort  of  the  imagination  to  conceive,  that  events  so  near, 
are  already  begun.  I  fancy  that  I  listen  to  the  yells  of  savage 
vengeance,  and  the  shrieks  of  torture.  Already  they  seem  to 
sigh  in  the  western  wind — already  they  mingle  with  every  echo 
from  the  mountains." 


OF  THE  UNITED  STATES.  477 

After  adverting  to  other  probable  and  almost  certain  conse 
quences  of  a  rejection  of  the  treaty — dissentions  between  the  dif 
ferent  blanches  of  the  government — war  abroad  and  anarchy  at 
home,  the  orator  reverses  the  picture — "  let  me  cheer  the  mind,1' 
he  concludes  "  weary,  no  doubt  and  ready  to  despond,  on  this 
prospect,  by  presenting  another  which  it  is  yet  in  our  power  to 
realize.  Is  it  possible  for  a  real  American  to  look  at  the  prosper 
ity  of  this  country,  without  some  desire  for  its  continuance,  with 
out  some  respect  for  the  measures,  which  many  will  say  produced, 
and  all  will  confess,  have  preserved  it  ?  Will  he  not  feel  some 
dread  that  a  change  of  system  will  reverse  the  scene  ?  The  well 
grounded  fears  of  our  citizens  in  1794,  were  removed  by  the 
treaty,  but  are  not  forgotten.  Then  they  deemed  war  nearly  in 
evitable,  and  would  not  this  adjustment  have  been  considered,  at 
that  day  as  a  happy  escape  from  the  calamity  ? 

"  The  great  interest  and  general  desire  of  our  people  was  to 
enjoy  the  advantage  of  neutrality.  This  instrument,  however 
misrepresented,  affords  America  that  inestimable  security.  The 
causes  of  our  disputes  are  either  cut  up  by  the  roots,  or  referred 
to  a  new  negociation,  after  the  end  of  the  European  war.  This 
was  gaining  every  thing,  because  it  confirmed  our  neutrality,  by 
which  our  citizens  are  gaining  every  thing.  This  alone  would 
justify  the  engagements  of  the  government.  For  when  the  fiery 
vapours  of  the  war  lowered  in  the  skirts  of  our  horizon,  all  our 
wishes  were  concentrated  in  this  one,  that  we  might  escape  the 
desolation  of  this  storm.  This  treaty,  like  a  rainbow  on  the  edge 
of  the  cloud,  marked  to  our  eyes  the  space  where  it  was  raging, 
and  afforded  at  the  same  time,  the  sure  prognostic  of  fair  weather. 
If  we  reject  it,  the  vivid  colours  will  grow  pale,  it  will  be  a 
baleful  meteor,  portending  tempest  and  war." 

The  speech  of  Mr.  Ames,  though,  delivered  at  nearly  the  close 
of  this  debate,  was  listened  to  by  the  house,  and  by  a  crowded 
audience,  with  a  most  silent  and  untired  attention.  Its  elo 
quence  was  admired  by  all,  though  its  effects  were  dreaded  by 
some.  When  he  took  his  seat,  the  question  was  loudly  called  for; 
but  Mr.  Venable  expressed  a  hope,  that  the  question  might  not 


478  POLITICAL  AND  CIVIL  HISTORY,  &c. 

be  taken  that  day.  "  Mischievous  effects,"  he  said  "  stared  them 
in  the  face,  look  which  way  they  would  ;  for  if  they  refused  to 
carry  the  treaty  into  effect,  evils  might  be  dreaded ;  and  if  they 
carried  it  into  effect,  serious  evils  would  certainly  arise.  The 
question  was,  to  choose  the  least  of  the  two  evils.  He  himself 
was  not  determined,  at  present  which  was  the  least,  and  wished 
for  another  days  consideration." 

The  question  was  postponed  until  the  next  day,  and  decided  in 
the  manner  before  stated. 

The  delay  occasioned  by  these  debates  was  favorable  to  the 
treaty.  It  gave  time  for  reflection  among  those  opposed, 
and  also,  afforded  an  opportunity  for  others,  who  had  hitherto 
been  silent,  willing  to  leave  the  decision  with  the  constituted  au 
thorities,  to  express  their  sentiments.  The  great  mass  of  the  peo 
ple  began  seriously  to  reflect,  on  the  consequences  of  its  rejec 
tion  ;  nor  could  they  be  induced  to  believe  that  the  president,  who 
had  once  saved  his  country  from  the  tyranny  of  Great  Britain,  had 
now  sacrificed  its  best  interests  to  the  same  power.  During  the 
discussion  therefore,  numerous  petitions  were  presented  to  the 
house  from  different  parts  of  the  union,  praying  that  the  treaty 
might  be  carried  into  effect.  This  changed  the  votes,  if  not 
the  opinions  of  some  of  the  members. 

Mr.  Christie  of  Maryland,  declared,  he  still  considered  it  "  as 
the  worst  of  all  hard  bargains,  yet,  as  he  was  satisfied  that  a  large 
majority  of  his  constituents  wished  it  to  be  carried  into  effect,  he 
should  give  his  vote  for  that  purpose,  and  leave  the  responsibility 
upon  them." 

This  interesting  session  did  not  close,  until  the  first  of  June. 
The  final  vote  on  the  question  of  carrying  the  British  treaty  into 
effect,  probably  saved  the  United  States,  from  being  involved  in 
the  war,  which  then  and  so  long  afterwards  desolated  Europe. 


CHAPTER  XXV. 

Conduct  of  France  with  respect  to  the  British  treaty — French  government  consider 
the  treaty  of  1778,  at  an  end,  after  the  ratification  of  the  treaty  with  Great  Britain-— 
The  ultimate  measures  of  the  directory  not  taken  until  the  final  vote  of  the  house 
of  representatives  to  carry  it  into  effect — Directory  require  the  aid  of  Holland  and 
Spain  in  defeating  the  treaty — Conduct  of  these  nations — Treaty  of  alliance,  offen 
sive  and  defensive,  between  France  and  Spain — Spain  delays  fulfilling  her  treaty 
with  the  United  States — Attempts  to  induce  the  western  people  to  form  an  inde 
pendent  empire — Instructions  of  the  Spanish  governor  to  his  agent  on  this  subject 
— France  supposed  to  be  concerned  in  this  plan — General  Washington  declines  be 
ing  a  candidate  for  the  presidency — People  divided  with  respect  to  his  successor — 
French  minister  supposed  to  interfere  in  the  election— President  Washington's  last 
speech  to  congress— He  recommends  among  other  things,  the  establishment  of  a 
navy— Answers  of  both  houses  express  great  respect  for  his  character,  and  a  high 
sense  of  his  eminent  services— French  depredations  on  American  commerce— -Pre 
sident  submits  to  congress  a  review  of  the  conduct  of  the  French  government  to 
wards  the  United  States— His  farewell  address  on  retiring  from  office. 

THE  two  great  belligerents,  and  particularly  France,  had  view 
ed  the  contest  in  America,  with  respect  to  the  British  treaty,  with 
peculiar  solicitude.  In  its  final  ratification,  the  French  govern 
ment  saw  an  end  to  all  their  hopes  of  "a  family  or  national  com 
pact"  with  the  Americans — and  Great  Britain  could  view  its  re 
jection,  as  only  a  prelude  to  war  with  the  United  States. 

The  jealousy  of  the  rulers  of  France  respecting  the  negocia- 
tions  of  Mr.  Jay,  had  been  manifested  in  a  variety  of  ways,  from 
the  commencement  of  his  mission. 

Mr.  Munroe,  as  we  have  before  stated,  was  instructed  to  solicit 
the  aid  of  France,  in  securing  the  navigation  of  the  Mississippi. 

On  the  25th  of  January,  1795,  he  submitted  to  the  committee 
of  public  safety,  the  wishes  of  his  government  on  this  subject ;  and 
stated  the  importance  of  the  navigation  of  that  river  to  the  United 
States.  The  answer  of  Merlin  de  Douay,  one  of  the  committee., 
shows,  that  the  conduct  of  France  would  be  governed  by  that 
of  the  United  States,  in  regard  to  the  treaty  with  England, 
In  his  note  of  the  22d  of  February,  1795,  in  answer  to  obser- 


480  POLITICAL  AND  CIVIL  HISTORY 

vations  on  this  subject,  he  said,  "the  ideas  which  they  pre 
sent  are  not  new  to  me,  nor  to  the  committee  of  public  safety ; 
and  I  have  reason  to  think  they  will  be  taken  into  profound  con 
sideration,  in  suitable  time  and  place.  I  ought  not  to  dissemble, 
however,"  he  added,  "  that  this  may  depend  upon  the  conduct 
which  the  American  government  will  observe  in  regard  to  the 
treaty  which  its  minister  Jay  has  concluded  with  England.  You 
know,  sir,  in  effect,  that  there  ought  to  be  a  reciprocity  of  services 
and  of  obligations  between  nations-,  as  between  individuals.  I 
speak,  however,  here  as  an  individual."*  The  French  govern 
ment  were  soon  after  somewhat  more  explicit  on  this  subject. 
About  the  9th  of  March,  Mr.  Munroe  was  informed  by  one  of  the 
members  of  the  diplomatic  section  of  the  committee  of  public 
safety,  "  that  in  confidence,  Mr.  Jay's  treaty  contained  nothing 
which  would  give  uneasiness  here,  they  had  expressly  instructed 
their  agent  then  negociating  with  Spain,  to  use  his  utmost  efforts 
to  secure  the  points  in  controversy  between  the  United  States  and 
that  power."!  On  the  12th  of  September,  1795,  the  secretary 
of  state  informed  Mr.  Munroe,  that  the  president  had  ratified  the 
treaty,  and  also  furnished  him  with  his  reasons  for  so  doing,  with 
a  view,  that  they  might  be  presented  to  the  French  government. 
France  was  at  that  time  particularly  engaged  in  forming  a  new 
constitution,  which  went  into  operation,  on  the  27th  of  October, 
1795.  The  legislature  was  divided  into  two  branches,  and  the 
executive  power  lodged  with  five  persons  called  a  directory.  Soon 
after  this,  de  la  Croix  was  appointed  minister  of  foreign  affairs. 
In  February,  1796,  this  minister  informed  Mr.  Munroe,  that  the 
directory  had  determined  how  to  act  in  regard  to  the  American 
treaty  with  Great  Britain.  They  had,  he  said,  considered  the  al 
liance  between  France  and  the  United  States  at  an  end,  from  the 
moment  that  treaty  was  ratified  ;  and  intimated  that  a  special  en 
voy  would  be  sent  to  announce  this  to  the  American  government. 
Soon  after,  he  presented  to  the  American  minister,  a  summary 
exposition  of  the  complaints  of  the  French  government  against 

*  Munroe's  Views,  p.  139.        f  Do-  P-  133. 


OF  THE  UNITED  STATES.  431 

the  United  States.  The  British  treaty  was  the  most  prominent 
subject  of  complaint ;  by  which,  he  said,  the  United  States  had 
knowingly  and  evidently  sacrificed  their  connection  with  the  re 
public,  particularly  in  abandoning  the  principles  established  by 
the  armed  neutrality,  that  free  ships  should  make  free  goods,  and 
in  making  articles  necessary  for  the  equipment  and  construction 
of  vessels,  and  even  provisions,  contraband  of  war.  Mr.  Munroe 
gave  the  same  answer,  that  the  American  government  had  always 
given  to  complaints  of  this  kind,  that  the  treaty  had  not  in  these 
particulars  violated  or  changed  the  law  of  nations.  That  the  prin 
ciples  of  the  armed  neutrality  had  never  been  recognized  by  Great 
Britain — that  every  article  in  the  list  of  contraband,  was  war 
ranted  by  the  law  of  nations  ;  and  as  to  provisions,  they  were  not 
made  contraband  in  any  case,  where  they  were  not  so  before,  by 
the  existing  law.  Though  the  French  government  had  announced 
to  the  American  minister,  that  the  British  treaty  had  put  an  end 
to  the  alliance  ;  their  ultimate  measures  in  consequence  of  it,  were 
delayed,  until  it  should  be  known,  whether  congress,  particularly 
the  house  of  representatives  would  by  their  acts  carry  it  into 
effect.  The  directory  were  no  doubt  well  informed  of  the  pro 
ceedings  in  America,  and  were  led  to  believe  that  the  house,  at 
least,  would  refuse  its  assent  to  such  acts.  The  final  vote  of  the 
house  on  this  question  disappointed  their  expectations,  and  meas 
ures  of  retaliation  were  immediately  taken.  On  the  25th  of  June, 
1796,  the  French  minister  inquired  of  Mr.  Munroe,  whether  the 
intelligence  contained  in  the  American  gazettes,  was  true,  that 
the  house  had  consented  to  carry  the  treaty  into  effect.  "Af 
ter  the  chamber  of  representatives,"  he  added,  "has  given 
its  consent  to  this  treaty,  we  ought  no  doubt,  to  consider  it  in  full 
force  :  and  as  the  state  of  things  which  results  from  it,  merits  our 
profound  attention,  I  wish  to  learn  from  you  what  light  we  are 
to  consider  the  event,  which  the  public  papers  announce,  before 
I  call  the  attention  of  the  directory  to  those  consequences  which 
ought  specially  to  interest  this  republic."  Although  the  Ameri 
can  minister  was  unable  to  give  any  official  information  on  the 
VOL.  If.  61 


482  POLITICAL  AND  CIVIL  HISTORY 

subject ;  yet,  no  doubt,  informed  by  their  own  minister  in  the  United 
States,  that  the  intelligence  was  true,  the  directory  at  once  took 
those  measures  of  retaliation  they  had  contemplated  ;  and  on  the 
2d  of  July,  issued  their  celebrated  decree,  that  "  all  neutral  or  al 
lied  powers  shall,  without  delay,  be  notified,  that  the  flag  of  the 
French  republic  will  treat  neutral  vessels,  either  as  to  confiscation^ 
as  to  searches,  or  capture,  in  the  same  manner  as  they  shall  suffer 
the  English  to  treat  them." 

In  the  preamble  to  this  decree,  the  executive  directory  declar 
ed,  that  "  if  it  becomes  the  faith  of  the  French  nation  to  respect 
treaties  or  conventions  which  secure  to  the  flags  of  some  neutral 
or  friendly  powers,  commercial  advantages,  the  result  of  which  is 
to  be  common  to  the  contracting  powers  ;  these  same  advantages, 
if  they  should  turn  to  the  benefit  of  our  enemies,  either  through 
the  weakness  of  our  allies,  or  of  neutrals,  or  through  fear,  through 
interested  views,  or  through  whatever  motives,  would  in  fact  war 
rant  the  inexecution  of  the  articles  in  which  they  were  stipula 
ted."  Rumors,  indeed,  had  before  this  reached  the  United 
States,  that  measures  hostile  to  American  commerce,  were  con 
templated  by  the  French  government.  To  ascertain  the  truth  of 
these  rumors,  Col.  Pickering,  secretary  of  state,  as  early  as  the 
first  of  July,  1796,  addressed  a  note  to  Mr.  Adet,  inquiring  wheth 
er  the  government  of  France,  had  decreed  any  new  regulations 
or  orders  relative  to  the  commerce  of  the  United  States,  and  if 
so,  what  they  were.* 

Mr.  Adet,  in  his  answer  of  the  14th  of  the  same  month,  declar 
ed  he  was  ignorant  of  the  nature  of  the  orders  which  might  have 
been  given  by  the  government  of  France,  to  the  officers  of  the 
ships  of  war  of  the  republic,  or  what  conduct  it  had  prescribed  to 
them  to  hold  with  regard  to  neutral  vessels  trading  with  their 
enemies. 

Secret  orders  to  capture  American  vessels,  had  probably  been 
sent  to  the  West  Indies  previous  to  this  ;  as  in  June  preceding, 
a  valuable  ship  called  the  Mount  Vernon,  was  captured  ^off  the 

*  American  State  Papers,  vol.  2,  pp.  476,  470. 


OF  THE  UNITED  STATES.  483 

capes  of  Delaware,  by  a  privateer  from  St.  Domingo,  commission 
ed  by  the  French  republic. 

The  nations  in  Europe,  under  the  influence  of  France,  were  re 
quired  about  the  same  time,  to  pursue  a  similar  conduct  towards 
the  Americans.  The  Batavian  Republic,  on  the  27th  of  Septem 
ber,  1796,  in  a  note  to  John  Quincy  Adams,  then  American  minis 
ter  in  Holland,  insisted  that  the  United  States  should  cause  their 
flag  to  be  respected,  and  intimated  that  they  should  also  make  com 
mon  cause  with  the  French  republic.  "  We  cannot  let  the  present 
opportunity  pass,"  said  the  minister  of  foreign  affairs, "  without 
requesting  you  to  state  to  your  government,  how  useful  it  would  be 
to  the  interests  of  the  inhabitants  of  the  two  republics,  that  the  Uni^ 
ted  States  should  at  last  seriously  take  to  heart  the  numberless 
insults  daily  committed  on  their  flag  by  the  English — to  represent 
to  them  that  when  circumstances  oblige  our  commerce  to  confide 
its  interests  to  the  neutral  flag  of  American  vessels,  it  has  a  just 
right  to  insist  that  that  flag  be  protected  with  energy r,  and  that 
it  be  not  insulted  at  the  expense  of  a  friendly  and  allied  nation. 
Deign  to  recall,"  he  added,  "  to  the  remembrance  of  the  nation 
of  which  you  are  a  minister,  that  the  numerous  services  which 
our  republic  has  rendered  to  it,  our  reciprocal  relations,  as  well 
as  mutual  utility,  imperiously  require,  that  it  should  cease  to  view 
with  indifference  the  manner  in  which  the  English  act,  who  carry 
off  with  impunity  from  on  board  American  vessels,  the  property 
of  Batavians — lead  them  to  perceive  that  reasons  of  convenience, 
treaties  concluded  and  ratified  between  our  two  nations,  between 
two  nations  who  have  equally  suffered  from  the  arrogance  and 
despotism  on  the  seas  of  proud  albion— in  a  word,  between  two 
nations,  who,  making  common  cause  with  the  French  republic, 
and  governing  themselves  by  the  imprescriptible  rights  of  nature 
and  of  man,  may  render  to  the  two  hemispheres  a  peace  for  which 
humanity  languishes." 

In  communicating  this  extraordinary  note,  Mr.  Adams  inform 
ed  the  American  government,  that  a  general  disposition  prevail 
ed,  even  among  the  patriotic  party  in  Holland,  in  favor  of  the 
neutrality  of  the  United  States.  That  their  interest  favored  this, 


484  POLITICAL  AND  CIVIL  HISTORY 

as  they  were  continually  receiving  remittances  of  interest  on  their 
monies  loaned  to  the  Americans,  which  they  apprehended  might 
be  suspended  by  a  state  of  war.  But  at  the  same  time,  he  added, 
this  party  could  have  "  no  avowed  will,  different  from  that  which 
may  give  satisfaction  to  the  government  of  France.  They  feel  a 
dependence  so  absolute  and  irremoveable  upon  their  good  will, 
that  they  sacrifice  every  other  inclination,  and  silence  every  other 
interest,  when  the  pleasure  of  the  French  government  is  signified 
to  them,  in  such  a  manner  as  makes  an  election  necessary." 

If  any  thing  were  wanting  to  prove  the  determination  of  the 
French  government  to  defeat  the  treaty  the  United  States  had 
made  with  Great  Britain,  the  following  paragraph  from  the  same 
letter  must  be  amply  sufficient. 

"  I  received  not  long  ago,  "  says  Mr.  Adams,  "  an  intimation 
that  one  of  the  committee  of  foreign  affairs  had  confidentially 
communicated  to  a  friend,  a  circumstance  which  was  intended 
to  be  kept  profoundly  secret.  It  was,  that  the  French  government 
had  determined  to  defeat,  if  possible,  the  treaty  lately  concluded 
between  the  United  States  and  Great  Britain,  and  had  signified 
to  the  committee  of  foreign  affairs  here,  their  expectations  that 
they  would  concur  with  all  their  influence  towards  the  same  ob 
ject.  The  tenor  of  their  letter  strongly  serves  to  show  the  accu 
racy  of  the  information."* 

France  and  Spain,  on  the  19th  of  August,  1796,  concluded  a 
treaty  of  alliance,  offensive  and  defensive.  This  treaty  contained 
a  mutual  guaranty  of  all  the  states,  territories,  islands  and  places 
which  they  respectively  possessed,  or  should  possess.  By  the  fif 
teenth  article,  both  powers  engaged  "  to  make  a  common  cause 
to  repress  and  annihilate  the  maxims  adopted  by  any  country 
whatever,  which  might  be  subversive  of  their  present  principles, 
and  which  might  endanger  the  safety  of  the  neutral  flag,  and 
the  respect  which  is  due  to  it ;  as  well  as  to  raise  and  re-establish 
the  colonial  system  of  Spain  on  the  footing  on  which  it  has  sub 
sisted,  or  ought  to  subsist,  according  to  treaties." 

*  American  State  Papers,  vol.  3,  p.  123.  >  * 


OF  THE  UNITED  STATES.  485 

Soon  after  this,  Spain  also  complained  to  the  American  gov 
ernment,  that  the  British  treaty  had  sacrificed  her  interests,  as 
well  as  those  of  France ;  particularly  in  abandoning  the-  principle 
that  free  ships  should  make  free  goods,  and  by  enlarging  the  list 
of  contraband  ;  and  she  made  this  a  ground  for  delaying  the  de 
livery  of  the  posts  on  the  Mississippi  and  running  the  line,  accord 
ing  to  the  treaty  of  October,  1795.  In  this  she  was,  no  doubt, 
influenced  by  France.  Indeed,  at  the  time  of  forming  the  offen 
sive  and  defensive  alliance  above  mentioned,  ^France  contempla 
ted  obtaining  from  Spain,  Louisiana  and  the  Floridas  ;*  and  the 
delay  in  fulfilling  the  terms  of  that  treaty  were  probably  occa. 
sioned  also  by  this  circumstance,  as  well  as  from  an  expectation 
that  the  people  at  the  west  might  still  be  induced  to  separate 
themselves  from  their  Atlantic  brethren.  Such  a  separation,  had 
been  previously  contemplated  by  the  Spanish  governors  of  Lou 
isiana,  and  suggested  to  some  individuals  at  the  west,  particulaly 
judge  Sebastian  and  general  Wilkinson,  who  favored  the  project, 
and  who,  in  fact,  were  for  a  long  time  Spanish  pensioners.  The 
free  navigation  of  the  Mississippi  was  held  out  as  an  inducement 
to  this  step. 

It  is  believed,  that  but  few  of  the  western  people  ever  se 
riously  listened  to  a  proposition  of  this  kind.  Before  the  delive 
ry  of  the  Spanish  posts,  however,  a  final  attempt  was  made  to 
effect  such  a  separation,  and  to  induce  the  inhabitants,  in  con 
junction  with  Spain,  to  form  an  independent  empire  west  of  the 
mountains  ;  and  there  can  be  little  doubt,  that  France  encour 
aged,  if  indeed,  she  did  not  suggest  the  project.  The  baron  de 
Carondelet,  governor  of  Louisiana,  in  the  spring  of  1797,  gave 
instructions  to  his  agent  Thomas  Powers,  to  confer  with  the  west 
ern  people  on  this  subject,  and  to  make  to  them  certain  proposi 
tions  for  forming  such  an  independent  empire.  These  instruc 
tions  were  brought  to  light  in  consequence  of  an  inquiry  before 
congress,  in  1808,  concerning  the  connection  of  general  Wilkin 
son  with  the  Spanish  government. 

•  Monroe's  View. 


486  POLITICAL  AND  CIVIL  HISTORY 

The  following  extract  from  these  instructions,  it  is  presumed, 
will  not  be  deemed  an  uninteresting  part  of  American  political 
history  at  this  period.  The  ostensible  object  of  the  mission  of 
Powers  was,  to  convey  a  letter  to  general  Wilkinson,  requesting 
him  to  delay  the  march  of  American  troops  for  the  purpose  of 
taking  possession  of  the  forts  on  the  Mississippi,  until  it  should  be 
ascertained  whether,  before  delivery,  they  were  to  be  disman 
tled  ;  but  the  real  object,  to  sound  the  people  on  the  subject  of  a 
separation  from  the  Atlantic  states. 

"  On  your  journey,"  said  the  governor  to  Powers,  "  you  will 
give  to  understand  adroitly,  to  those  persons  to  whom  you  have 
•an  opportunity  of  speaking,  that  the  delivery  of  the  posts  which 
the  Spaniards  occupy  on  the  Mississippi,  to  the  troops  of  the  Uni 
ted  States,  is  directly  opposed  to  the  interest  of  those  of  the  west? 
\vho,  as  they  must  one  day  separate  from  the  Atlantic  states, 
would  find  themselves  without  any  communication  with  lower 
Louisiana,  from  whence  they  ought  to  expect  to  receive  power 
ful  succours  in  artillery,  arms,  ammunition  and  money,  either 
publicly  or  secretly,  as  soon  as  ever  the  western  states  should  de 
termine  on  a  separation,  which  must  insure  their  prosperity  and 
their  independence  ;  that  for  this  reason,  congress  is  resolved  on 
risking  every  thing  to  take  those  posts  from  Spain  ;  and  that  it 
would  be  forging  fetters  for  themselves,  to  furnish  it  with  militia 
and  means,  which  it  can  only  find  in  the  western  states.  These 
same  reasons,  diffused  abroad  by  means  of  the  public  papers, 
might  make  the  strongest  impression  on  the  people,  and  induce 
them  to  throw  off  the  yoke  of  the  Atlantic  states  ;  but  at  the  very 
least,  if  we  are  able  to  dissuade  them  from  taking  part  in  this  ex 
pedition,  I  doubt  whether  the  states  could  give  law  to  us,  with 
such  troops  as  they  have  now  on  foot. 

"  If  a  hundred  thousand  dollars  distributed  in  Kentucky  would 
cause  it  to  rise  in  insurrection,  I  am  very  certain,  that  the  minis 
ter,  in  the  present  circumstances,  would  sacrifice  them  with 
pleasure  ;  and  you  may,  without  exposing  yourself  too  much, 
promise  them  to  those,  who  enjoy  the  confidence  of  the  people, 


OF  THE  UNITED  STATES.  487 

with  another  equal  sum  to  arm  them,  in  case  of  necessity,  and 
twenty  pieces  of  field  artillery. 

"  You  will  arrive  without  danger  as  bearer  of  a  despatch  for  the 
general,  where  the  army  may  be,  whose  force,  discipline  and  dis 
position  you  will  examine  with  care  ;  and  you  will  endeavor  to 
discover,  with  your  natural  penetration,  the  general's  disposition^ 
I  doubt  that  a  person  of  his  disposition  would  prefer,  through 
vanity,  the  advantage  of  commanding  the  army  of  the  Atlantic 
states,  to  that  of  being  the  founder,  the  liberator,  in  fine  the 
Washington  of  the  western  states — his  part  is  as  brilliant  as  it  is 
easy — all  eyes  are  drawn  towards  him — he  possesses  the  confi 
dence  of  his  fellow  citizens,  and  of  the  Kentucky  volunteers — 
at  the  slightest  movement,  the  people  will  name  him  the  general 
of  the  new  republic — his  reputation  will  raise  an  army  for  him  ; 
and  Spain,  as  well  as  France,  will  furnish  him  the  means  of  pay 
ing  it.  On  taking  fort  Massac,  we  will  send  him  instantly  arms  and 
artillery  ;  and  Spain  limiting  herself  to  the  possession  of  the  forts 
of  Natchez  and  Walnut  Hills,  as  far  as  fort  Confederation,  will 
cede  to  the  western  states  all  the  eastern  bank  to  the  Ohio,  which 
will  form  a  very  extensive  and  powerful  republic,  connected  by 
its  situation  and  by  its  interest,  with  Spain,  and  in  concert  with 
it,  will  force  the  savages  to  become  a  party  to  it,  and  to  confound 
themselves  in  time  with  its  citizens. 

"  The  public  is  discontented  with  the  new  taxes — Spain  and 
France  are  enraged  at  the  connection  of  the  United  States  with 
England — the  army  is  weak  and  devoted  to  Wilkinson — the 
threats  of  congress  authorize  me  to  succour  on  the  spot  and  open 
ly  the  western  states — money  will  not  then  be  wanting  to  me,  for 
I  shall  send  without  delay,  a  ship  to  Vera  Cruz  in  search  of  it,  as 
well  as  of  ammunition  ;  nothing  more  will  consequently  be  re 
quired,  but  an  instant  of  firmness  arid  resolution,  to  make  the 
people  of  the  west  perfectly  happy.  If  they  suffer  thjs  instant 
to  escape  them,  and  we  are  forced  to  deliver  up  the  posts,  Ken 
tucky  and  Tennessee,  surrounded  by  the  said  posts,  and  without 
communication  with  Lower  Louisiana,  will  ever  remain  under 
the  oppression  of  the  atlantic  states."  In  his  journey  through  the 


488  POLITICAL  AND  CIVIL  HISTORY 

western  country,  Powers  intimated  that  from  the  change  of  cir 
cumstances  and  political  situation  of  Europe,  there  was  reason  to 
suppose  that  the  treaty  with  Spain  would  not  be  carried  into  ef 
fect  by  his  catholic  majesty. 

This  mission,  however,  entirely  failed — no  one  listened  to  the 
propositions  of  the  Spanish  governor,  except  judge  Sebastian* 
Wilkinson  being  now  at  the  head  of  the  American  army,  and  the 
object  so  long  desired  by  him  and  the  people  of  the  west,  secur 
ed  by  treaty,  refused  to  countenance  the  plan.  The  mission 
of  Powers  was  known  to  the  president,  and  the  governor  of 
the  north  western  territory  had  orders  to  arrest  and  send  him 
to  Philadelphia.  Of  this,  Wilkinson  gave  him  notice^  and  to 
aid  his  escape,  sent  him  back,  under  a  military  escort  by  the  way 
of  Vincennes  and  New  Madrid.*  Notwithstanding  the  failure 
of  this  extraordinary  mission,  the  Spanish  government  on  vari 
ous  pretexts  delayed  the  delivery  of  the  posts  until  1788. 

The  president  was  dissatisfied  with  the  conduct  of  the  Ameri 
can  minister  in  France,  particularly  in  delaying  to  present  to  the 
French  government  an  explanation  of  his  views  in  concluding  a 
treaty  with  Great  Britain.  He,  therefore,  in  June,  1796,  determin 
ed  to  send  a  new  minister  to  France  ;  and  at  first  contemplated 
doing  this,  without  recalling  Mr.  Munroe.  But  finding  this  could 
not  be  done  in  the  recess  of  the  senate,  he  appointed  Charles 
Cotesworth  Pinckney,  of  South  Carolina,  to  succeed  Mr.  Mun 
roe,  whom  he  recalled. 

Mr.  Pinckney  arrived  at  Paris  about  the  first  of  December,  and 
soon  after,  in  company  with  Mr.  Munroe,  waited  upon  the  minis 
ter  of  foreign  affairs,  and  presented  his  credentials.  These  were 
laid  before  the  directory,  and  on  the  llth  Mr.  Munroe  was  in 
formed  by  de  la  Croix,  that  the  directory  would  "  no  longer  recog 
nize  a  minister  plenipotentiary  from  the  United  States,  until  after 
a  reparation  of  the  grievances  demanded  of  the  American  gov 
ernment,  and  which  the  French  republic  has  a  right  to  expect." 
The  French  minister,  however,  declared,  "  that  this  determina- 

*  Clark's  proofs  against  Wilkinson,  and  H,  Marshall's  history  of  Kentucky,  vol. 
2.  pp.  219,220,  223. 


OF  THE  UNITED  STATES.  489 

tion,  which  is  become  necessary,  does  not  oppose  the  continu 
ance  of  the  affection  between  the  French  republic  and  the  Amer 
ican  people,  which  is  grounded  on  former  good  offices,  and  recip 
rocal  interest ;  an  affection  which  you  have  taken  pleasure  in 
cultivating,  by  all  the  means  in  your  power."  Informed  of  this 
determination  of  the  directory,  Mr.  Pinckney  addressed  a  note  to 
the  French  minister,  requesting  information  whether  it  was  their 
intention  that  he  should  quit  the  territories  of  the  republic.  He 
was  immediately  informed  by  a  secretary  in  the  foreign  depart 
ment,  that  the  minister  could  hold  no  direct  communication 
with  him,  as  this  would  be  acknowledging  him  as  a  minister. 
With  respect  to  his  remaining  in  France,  he  was  told,  there  was 
a  general  law  prohibiting  all  foreigners  from  remaining  at  Paris, 
without  special  permission  j  and  as  the  directory  did  not  intend 
to  grant  this  permission,  the  general  law  would  apply  to  him. 
Mr.  Pinckney  stated  to  the  secretary,  that  the  directory  was  in 
possession  of  his  credentials  as  a  minister  of  the  United  States ; 
and,  therefore,  could  not  consider  him  in  the  light  of  an  ordinary 
stranger,  subject  to  the  laws  of  the  police.  Possessed  of  high  hon 
orable  feelings,  and  duly  appreciating  the  character  in  which  he 
appeared,  Mr.  Pinckney  refused  to  quit  France  without  a  written 
order  from  the  government.  In  this  unpleasant  situation  he  re 
mained  for  some  time,  not  without  serious  apprehensions,  he 
might  be  arrested  and  sent  away  by  order  of  the  police  officers. 

About  the  last  of  December,  Mr.  Munroe  took  leave  of  the 
directory,  with  much  ceremony.  Mutual  addresses  were  deliver 
ed  on  the  occasion.  After  expressing  his  wishes  "  for  a  contin 
uance  of  a  close  union  and  perfect  harmony  between  the  two 
nations,"  Mr.  Munroe  concluded  his  address  by  saying — "  I  beg 
leave  to  make  to  you,  citizen  directors,  my  particular  acknowl 
edgments  for  the  confidence  and  attention  with  which  you  have 
honored  my  mission  during  its  continuance,  and  at  the  same  time 
to  assure  you,  that  as  I  shall  always  take  a  deep  and  sincere  in 
terest  in  whatever  concerns  the  prosperity  and  welfare  of  the 
French  republic,  so  I  shall  never  cease,  in  my  retirement,  to  pay 

VOL.  II.  62 


490  POLITICAL  AND  CIVIL  HISTORY 

in  return  for  the  attention  you  have  shewn  me,  the  only  accepta 
ble  recompence  to  generous  minds,  the  tribute  of  a  grateful  re 
membrance." 

The  address  of  the  president  of  the  directory,  was  calculated 
to  flatter  the  people  of  the  United  States,  whilst  it  severely  cen 
sured  their  government. 

"  By  presenting  this  day  to  the  executive  directory,  your  letters 
of  recall,"  the  president  said,  "  you  offer  a  very  strange  specta 
cle  to  Europe.  France,  rich  in  her  freedom,  surrounded  by  the 
train  of  her  victories,  and  strong  in  the  esteem  of  her  allies,  will 
not  stoop  to  calculate  the  consequences  of  the  condescension  of 
the  American  government  to  the  wishes  of  its  ancient  tyrants. 
The  French  republic  expects,  however,  that  the  successors  of 
Columbus,  Raleigh  and  Penn,  always  proud  of  their  liberty,  will 
never  forget  that  they  owe  it  to  France.  They  will  weigh  in 
their  wisdom  the  magnanimous  friendship  of  the  French  people, 
with  the  caresses  of  perfidious  men,  who  meditate  to  bring  them 
under  their  former  yoke.  Assure  the  good  people  of  America, 
Mr.  Minister,  that,  like  them,  we  adore  liberty ;  that  they  will 
always  possess  our  esteem,  and  find  in  the  French  people  that 
republican  generosity  which  knows  how  to  grant  peace,  as  well 
as  to  cause  its  sovereignty  to  be  respected. 

"  As  for  you,  Mr.  Minister  plenipotentiary,  you  have  contend 
ed  for  principles ;  you  have  known  the  true  interests  of  your 
country — depart  with  our  regret ;  we  restore,  in  you,  a  represen 
tative  to  America ;  and  we  preserve  the  remembrance  of  the 
citizen,  whose  personal  qualities  did  honor  to  that  title."* 

Mr.  Pinckney  was  permitted  to  reside  at  Paris  until  about  the 
first  of  February,  1797,  when  the  directory,  elated  by  their  victo 
ries  in  Italy,  gave  him  written  orders  to  quit  the  territories  of  the 
republic.  He  immediately  retired  to  Amsterdam,  where  he  re 
mained  until  joined  by  Mr.  Marshall  and  Mr.  Gerry,  who,  under 
the  administration  of  Mr.  Adams,  were  associated  with  him  as 
envoys  extraordinary  to  the  French  republic. 

*  Munroe's  View,  pp.  398,  399. 


OF  THE  UNITED  STATES.  491 

In  the  spring  of  1796,  Rufus  King  was  appointed  minister  to 
the  court  of  London,  in  the  room  of  Thomas  Pinckney,  who,  at 
his  own  request,  was  permitted  to  return  home.  Mr.  King  had 
been  an  active  member  of  the  senate  of  the  United  States,  from 
the  commencement  of  the  new  government.  He  was  well  ac 
quainted  with  the  views  of  president  Washington,  and  from  his 
talents  and  extensive  political  information,  was  peculiarly  qualifi 
ed  for  the  important  station  assigned  him.  During  a  residence 
of  several  years  as  American  minister  in  England,  he  maintained 
the  rights  of  his  country  with  great  firmness,  and  sustained  a  high 
character  among  the  diplomatic  corps  at  the  British  court. 

The  particular  friends  of  president  Washington,  had  long 
known  that  he  would  utterly  decline  another  election.  His  deter 
mination,  however,  on  this  subject,  was  not  publicly  announced 
until  September,  1 796.  Unanimity  in  the  choice  of  his  successor 
was  not  to  be  expected.  The  two  great  parties  in  the  United 
States,  were  now  at  once  arrayed  against  each  other,  on  the  great 
question  of  the  presidential  election.  They  were  divided  be 
tween  Mr.  Adams  and  Mr.  Jefferson.  Nor  did  foreign  nations 
view  this  contest  with  indifference.  Their  interests  were  suppos 
ed,  in,some  measure,  involved  in  the  issue. 

The  views  of  one  candidate  were  considered  favorable  to  Great 
Britain,  those  of  the  other  to  France.  And  the  difference  be- 
tween  these  parties,  with  respect  to  the  conduct  of  the  executive 
towards  these  two-  nations,  served  to  increase  the  bitterness  of 
this  contest. 

The  French  minister  took  this  opportunity  to  present  more  in 
detail,  the  various  complaints  of  France,  against  the  conduct  of 
the  American  government.  These  complaints  were  embodied  in 
a  letter  to  the  secretary  of  state,  bearing  date  the  15th  of  Novem 
ber,  1796;  and  the  letter  itself,  by  direction  of  the  minis 
ter,  was  immediately  published  in  the  newspapers.  It  was  no 
doubt,  intended  to  excite  the  feelings  of  the  people  in  favor  of 
France,  to  convince  them  of  the  injustice  and  ingratitude  of  their 
own  government  towards  that  nation,  and  to  produce  an  influence 
on  the  pending  presidential  election.  Mr.  Adet  now  formally 
notified  the  American  government,  that  the  executive  directory 


492  POLITICAL  AND  CIVIL  HISTORY 

regarded  the  British  treaty  as  a  violation  of  that  made  with  France 
in  1778,  and  equivalent  to  a  treaty  of  alliance  with  Great  Britain; 
and  that  justly  offended  at  this  conduct  of  the  American  execu 
tive,  they  had  given  him  orders  from  that  time,  to  suspend  his 
ministerial  functions,  with  the  federal  government.  He,  at  the 
same  time  declared,  that  notwithstanding  the  wrongs  of  the  gov 
ernment,  "  the  directory  did  not  wish  to  break  with  a  people 
whom  they  love  to  salute  with  the  appellation  of  friend." 

He  therefore  announced,  that  the  government  and  people  of 
the  United  Slates,  were  not  to  regard  the  suspension  of  his  func 
tions  as  a  rupture  between  the  two  countries  ;  "  but  a  mark  of  dis 
content,  which  was  to  last  until  the  government  of  the  United 
States  returned  to  sentiments  and  to  measures  more  conformable 
to  the  interests  of  the  alliance  and  the  sworn  friendship  between 
the  two  nations.1' 

After  alluding  to  the  enthusiasm  with  which  the  American  min 
ister  was  received  in  the  bosom  of  the  national  convention,  and 
the  joy  inspired  by  the  American  flag,  "  when  it  waved  unfurled 
in  the  French  senate  ;"  and  after  enumerating  the  various  com 
plaints  of  France  against  the  conduct  of  the  American  govern 
ment,  and  referring  to  her  services  in  the  war  of  the  revolution, 
he  thus  concludes — "  Alas  !  time  has  not  yet  dt-molished  the  for 
tifications  with  which  the  English  roughened  this  country — nor 
those  the  Americans  raised  for  their  defense  ;  their  half  rounded 
summits  still  appear  in  every  quarter,  amidst  plains,  on  the  tops 
of  mountains.  The  traveller  need  not  search  for  the  ditch  which 
served  to  encompass  them  ;  it  is  still  open  under  his  feet.  Scat 
tered  ruins  of  houses  laid  waste,  which  the  fire  had  partly  respect 
ed,  in  order  to  leave  monuments  of  British  fury,  are  still  to  be 
found. — Men  still  exist,  who  can  say,  here  a  ferocious  Englishman 
slaughtered  my  father  ;  there  my  wife  tore  her  bleeding  daughter 
from  the  hands  of  an  unbridled  Englishman.  Alas  !  the  soldiers 
who  fell  under  the  sword  of  the  Britons  are  not  yet  reduced  to 
dust :  the  laborer,  in  turning  up  his  field,  still  draws  from  the  bo 
som  of  the  earth  their  whitened  bones  ;  while  the  ploughman, 
with  tears  of  tenderness  and  gratitude,  still  recollects  that  his 


OF  THE  UNITED  STATES.  493 

fields,  now  covered  with  rich  harvests,  have  been  moistened  with 
French  blood  ;  while  every  thing  around  the  inhabitants  of  this 
country,  animates  them  to  speak  of  the  tyranny  of  Great  Britain 
and  of  the  generosity  of  Frenchmen  ;  when  England  has  declar 
ed  a  war  of  death  to  that  nation,  to  avenge  herself  for  having 
cemented  with  its  blood  the  independence  of  the  United  States. — 
It  was  at  this  moment  their  government  made  a  treaty  of  amity 
with  their  ancient  tyrant,  the  implacable  enemy  of  their  ancient 
ally.  O  !  Americans  covered  with  noble  scars !  O !  you  who 
have  so  often  flown  to  death  and  to  victory  with  French  soldiers  ! 
You  who  know  those  generous  sentiments  which  distinguish  the 
true  warrior  !  Whose  hearts  have  always  vibrated  with  those  of 
your  companions  in  arms  !  Consult  them  to-day  to  know  what 
they  experience  ;  recollect  at  the  same  time,  that  if  magnanimous 
souls  with  liveliness  resent  an  affront,  they  also  know  how  to  for 
get  one.  Let  your  government  return  to  itself,  and  you  will  still 
find  in  Frenchmen,  faithful  friends  and  generous  allies." 

This  manifest  attempt  on  the  part  of  a  foreign  minister,  to  sep 
arate  the  people  from  their  government,  and  to  influence  the  elec 
tion  of  a  president,  failed  of  its  object.  The  more  reflecting  and 
dispassionate  part  of  the  Americans,  viewed  it  as  an  improper 
interference  of  a  foreign  power,  in  one  of  their  dearest  and  most 
important  rights  ;  and  some,  who  had  been  opposed  to  the  ad 
ministration,  used  their  influence  against  the  candidate  supposed 
to  be  favored  by  France. 

On  the  7th  of  December,  1796,  president  Washington  met,  and 
for  the  last  time  addressed  the  national  legislature.  He  adverted 
in  his  speech  to  the  treaties  which  had  adjusted  most  of  the  dis 
putes  betweed  the  United  States  and  foreign  nations  ;  and  inform 
ed  congress,  they  were  in  a  train  of  execution.  The  defenseless 
state  in  which  the  war  in  Europe  found  the  American  commerce, 
and  the  lawless  depredations  made  upon  it,  by  the  belliger 
ents,  had  more  fully  convinced  the  president,  that  a  naval  force 
was  necessary  for  its  protection.  The  extent  of  this  commerce 
had  no  doubt  excited  the  jealousy  of  the  navigating  interest  of 
Great  Britain  ;  and  the  belligerents  considered  the  United  States 


494  POLITICAL  AND  CIVIL  HISTORY 

most  vulnerable  on  the  ocean.  Both  France  and  Great  Britain, 
therefore,  for  any  supposed  injuries  received  from  the  Americans, 
immediately  retaliated  by  a  lawless  attack  on  their  unprotected 
trade. 

This  important  subject  was  strongly  pressed  upon  the  atten 
tion  of  congress,  by  the  president,  at  this  time. 

"  To  an  active  external  commerce,"  he  observed,  "  the  protec 
tion  of  a  naval  force  is  indispensable.  This  is  manifest  with 
respect  to  wars  in  which  a  state  is  a  party.  But  besides  this,  it 
is  evident  in  our  own  experience,  that  the  most  sincere  neutrality 
is  not  a  sufficient  guard  against  the  depredations  of  nations  at 
war.  To  secure  respect  to  a  neutral  flag,  requires  a  naval  force, 
organized  and  ready  to  vindicate  it  from  insult  or  aggression. 
This  may  even  prevent  the  necessity  of  going  to  war,  by  discour 
aging  belligerent  powers  from  committing  such  violations  of  the 
rights  of  the  neutral  party,  as  may,  first  or  last,  leave  no  option. 
From  the  best  information  I  have  been  able  to  obtain,  it  would 
seem  as  if  our  trade  to  the  Mediterranean,  without  a  protecting 
force,  will  always  be  insecure,  and  our  citizens  exposed  to  the 
calamities  from  which  numbers  of  them  have  just  been  relieved." 

With  these  views  he  suggested  the  propriety  of  gradually  cre 
ating  a  navy,  by  providing  and  laying  up  materials  for  building 
and  equipping  ships  of  war,  and  to  proceed  in  the  work  as  our 
resources  should  increase. 

He  invited  the  attention  of  the  national  legislature  also  to  the 
encouragement  of  manufactures  and  agriculture,  as  well  as  to  the 
establishment  of  a  military  academy  and  a  national  university. 

He  alluded  to  the  late  conduct  of  the  French  government  by 
saying,  that  while  in  our  external  relations  some  serious  incon 
veniences  and  embarrassments  had  been  overcome,  and  others 
lessened,  he  had  with  much  pain  and  regret  to  mention,  "that 
circumstances  of  a  very  unwelcome  nature  had  lately  occurred. 
Our  trade  has  suffered  and  is  suffering  extensive  injuries  in  the 
West  Indies,  from  the  cruizers  and  agents  of  the  French  republic ; 
and  communications  have  been  received  from  its  minister  here, 
which  indicate  the  danger  of  a  further  disturbance  of  our  com 
merce  by  its  authority,  and  which  are  far  from  agreeable." 


OF  THE  UNITED  STATES.  495 

This  subject,  however,  was  reserved  for  a  more  particular  com 
munication. 

The  president  in  conclusion  said — "  The  situation  in  which  I 
now  stand,  for  the  last  time,  in  the  midst  of  the  representatives  of 
the  people  of  the  United  States,  naturally  recalls  the  period 
when  the  administration  of  the  present  form  of  government  com 
menced  ;  and  I  cannot  omit  the  occasion  to  congratulate  you  and 
my  country,  on  the  success  of  the  experiment,  nor  to  repeat  my 
fervent  supplication  to  the  Supreme  Ruler  of  the  universe  and 
Sovereign  Arbiter  of  nations,  that  his  providential  care  may  still 
be  extended  to  the  United  States  ;  that  the  virtue  and  happiness 
of  the  people  may  be  preserved  ;  and  that  the  government  which 
they  have  instituted  for  the  protection  of  their  liberties  may  be 
perpetual." 

The  answers  of  both  houses,  notwithstanding  the  conflict  of 
parties,  were  adopted  with  great  unanimity,  and  evinced  an  un- 
diminished  veneration  for  the  character  of  the  president.  Both 
expressed  their  grateful  sense  of  the  eminent  services  he  had 
rendered  his  country,  their  extreme  regret  at  his  retiring  from 
office,  and  their  ardent  wishes  for  his  future  personal  happiness. 

Perfect  unanimity,  however,  did  not  prevail  in  the  house  of  rep 
resentatives.  Mr.  Giles  moved  to  strike  out  several  clauses  in 
the  answer,  among  which  was  the  following — "  And  while  we 
entertain  a  grateful  conviction  that  your  wise,  firm  and  patriotic 
administration  has  been  signally  conducive  to  the  success  of  the 
present  form  of  government,  we  cannot  forbear  to  express  the 
deep  sensations  of  regret  with  which  we  contemplate  your  intend 
ed  retirement  from  office." 

Mr.  Giles  said,  "If  he  stood  alone  in  the  opinion,  he  would  de 
clare,  that  he  was  not  convinced  that  the  administration  of  the 
government  for  these  six  years  had  been  wise  and  firm." — "  He 
did  not  regret,"  he  added,  "  the  president's  retiring  from  office. 
He  hoped  he  would  retire  and  enjoy  the  happiness  that  awaited 
his  retirement.  He  believed  it  would  more  conduce  to  that  hap 
piness,  that  he  should  retire,  than  if  he  should  remain  in  office.'" 
In  this  opinion  of  Mr.  Giles,  only  eleven  concurred,  and  with  him 
voted  against  the  answer. 


496  POLITICAL  AND  CIVIL  HISTORY 

Under  the  decree  of  the  directory  of  the  second  of  July,  1796, 
before  noticed,  the  American  commerce  at  once  became  a  prey 
to  French  public  and  private  armed  vessels.  Additional  de 
crees  were  also  issued  by  French  agents  in  the  West  Indies  ; 
and  American  vessels  were  taken  and  condemned,  even  because 
bound  to  a  British  port,  and  on  various  other  new  and  frivolous 
pretences.  The  want  of,  or  informality  in  a  bill  of  lading — the 
want  of  a  certified  list  of  the  passengers  and  crew — the  supercar 
go  being  by  birth  a  foreigner,  although  a  naturalized  citizen  of 
the  United  States — the  destruction  of  a  paper  of  any  kind  what 
ever,  and  the  want  of  a  sea-letter,  were  sufficient  reasons  for 
condemnation. 

On  the  19th  of  January,  1797,  the  president,  agreeably  to  the 
intimation  in  his  speech  at  the  opening  of  the  session,  communi 
cated  to  the  national  legislature,  the  state  of  the  relations  of  the 
country  with  the  French  republic.  This  embraced  an  elaborate 
review  of  the  conduct  of  France  and  her  ministers  towards  the 
United  states,  and  of  their  various  complaints  against  the  Amer 
ican  government,  from  an  early  period  of  the  European  war  ; 
and  which  was  embodied  in  a  letter  from  the  secretary  of  state 
to  Mr.  Pinckney,  the  American  minister  in  France.  It  con 
tained  not  only  an  able  review,  but  an  ample  refutation  of  the 
various  charges  made  by  France,  as  well  as  a  complete  justifica 
tion  of  the  conduct  of  president  Washington  towards  that  nation, 
during  a  period  most  interesting  to  his  country,  and  most  trying 
to  himself. 

This  exposition  was  made  to  enable  the  American  minister  at 
Paris  more  fully  to  make  explanations  to  the  French  government, 
as  well  as  to  present  to  the  American  people  the  views  of  the 
president  in  his  conduct  towards  France  ;  views,  which  had  been 
so  grossly  misrepresented.  It  created  no  change,  however,  in  the 
conduct  of  France,  and  produced  little  effect  on  the  parties  in 
America.  The  great  contest  between  these  parties,  relative  to 
the  successor  of  president  Washington,  at  that  time  absorbed 
every  other  consideration.  On  counting  the  electoral  votes,  in 
February,  it  appeared  that  John  Adams,  by  a  small  majority,  was 


OF  THE  UNITED  STATES.  497 

elected  president,  and  that  Thomas  Jefferson  was  chosen  vice- 
president. 

On  the  4th  of  March,  1797,  the  administration  of  president 
Washington  closed — a  period  to  which  he  had  looked  forward 
with  inexpressible  pleasure. 

On  retiring  from  office  he  received  addresses  from  the  legisla 
tures  of  many  of  the  states,  as  well  as  from  numerous  other  public 
bodies  in  different  parts  of  the  union. 

The  situation  of  his  country  at  this  time,  when  contrasted 
ed  with  that  in  1789,  at  the  commencement  of  his  administra 
tion,  presented  a  very  striking  difference ;  and  this  was  a  sub 
ject  of  congratulation  which  did  not  pass  unnoticed  in  these 
various  addresses.  In  the  short  period  of  eight  years,  all  the  dis 
putes  between  the  United  States  and  foreign  nations  had  been 
adjusted,  with  the  exception  of  those  with  France,  which  had 
arisen  during  that  time,  out  of  the  new  state  of  things  in  Europe. 

At  home,  public  and  private  credit  was  restored — ample  pro 
vision  made  for  the  security  and  ultimate  payment  of  the  public 
debt — commerce  had  experienced  unexampled  prosperity — 
American  tonnage  had  nearly  doubled — the  products  of  agricul 
ture  had  found  a  ready  market — the  exports  had  increased 
from  nineteen  millions  to  more  than  fifty  six  millions  of  dollars — 
the  imports  in  about  the  same  proportion — and  the  amount  of 
revenues  from  imports  had  exceeded  the  most  sanguine  calcula 
tions.  The  prosperity  of  the  country  had  been,  indeed,  without 
example,  notwithstanding  great  losses  from  belligerent  depreda 
tions. 

In  announcing  his  determination  to  decline  another  election, 
president  Washington,  for  the  last  time,  addressed  his  fellow  citi 
zens,  on  subjects  which  he  deemed  highly  important  and  intimately 
connected  with  their  future  political  welfare  and  felicity.  Long  ex 
perience  had  made  him  fully  acquainted  with  the  evils,  to  which 
the  people  of  the  United  States,  from  their  local  situation,  the  na 
ture  of  their  government,  and  other  causes,  were  particularly  ex 
posed.  This  experience,  and  his  well  known  disinterestedness, 

VOL.  IL  63 


493  POLITICAL  AND  CIVIL  HISTORY 

gave  his  sentiments  and  advice  respecting  the  various  subjects 
on  which  he  touched,  peculiar  claims  to  the  attention,  and  grat 
itude  of  his  fellow  citizens. 

Although  this  address  is  very  generally  known,  we  cannot,  in 
the  conclusion,  refrain  from  recalling  to  the  notice  of  our  rea 
ders,  particularly  the  younger  part  of  them,  a  small  portion  of  this 
inestimable  legacy  which  the  father  of  his  country  left  them. 

An  inviolable  preservation  of  the  great  charter,  which  form 
ed  the  national  union,  and  made  the  Americans  one  people,  was 
an  object  very  near  his  heart. 

"  The  unity  of  government,'*  he  said,  "  which  constitutes  you 
one  people,  is  now  dear  to  you.  It  is  justly  so  ;  for  it  is  a  main 
pillar  in  the  edifice  of  your  real  independence  ;  the  support  of 
your  tranquility  at  home  ;  your  peace  abroad  ;  of  your  safety  ;  of 
your  prosperity  ;  of  that  veiy  liberty  which  you  so  highly  prize. 
But,  as  it  is  easy  to  foresee  that,  from  different  causes  and  from 
different  quarters,  much  pains  will  be  taken,  many  artifices  em 
ployed,  to  weaken  in  your  minds  the  conviction  of  this  truth;  as 
this  is  the  point  in  your  political  fortress  against  which  the  bat 
teries  of  internal  and  external  enemies  will  be  most  constantly 
and  actively,  (though  often  covertly  and  insidiously)  directed,  it 
is  of  infinite  moment,  that  you  should  properly  estimate  the  im 
mense  value  of  your  national  union  to  your  collective  and  individ 
ual  happiness  ;  that  you  should  cherish  a  cordial,  habitual,  and 
immoveable  attachment  to  it ;  accustoming  yourselves  to  think 
arid  speak  of  it,  as  of  the  palladium  of  your  political  safety  and 
prosperity ;  watching  for  its  preservation  with  jealous  anxiety  ; 
discountenancing  whatever  may  suggest  even  a  suspicion  that  it 
can,  in  any  event,  be  abandoned,  and  indignantly  frowning  upon 
the  first  dawning  of  every  attempt  to  alienate  any  portion  of  our 
country  from  the  rest,  or  to  enfeeble  the  sacred  ties  which  now 
link  together  the  various  parts." 

He  reminded  his  fellow  citizens,  that  "  the  very  idea  of  the 
power  and  the  right  of  the  people  to  establish  government,  pre 
supposes  the  duty  of  individuals  to  obey  the  established  govern 
ment  ;"  and  that  "  all  obstructions  to  the  execution  of  the  laws. 


OF  THE  UNITED  STATES.  499 

all  combinations  and  associations  under  whatever  plausible  char 
acter,  with  the  real  design  to  direct,  control,  counteract,  or  awe 
the  regular  deliberations  and  actions  of  the  constituted  authori 
ties,  are  destructive  of  this  fundamental  principle."  And  after 
warning  them  "  in  the  most  solemn  manner  against  the  baneful 
effects  of  the  spirit  of  party  generally,"  he  particularly  cautioned 
them  to  avoid  "  inveterate  antipathies  against  particular  nations, 
and  passionate  attachments  for  others,"  as  tending  to  introduce 
foreign  influence,  against  which  he  particularly  warned  them  to 
be  on  their  guard.  "Against  the  insidious  wiles  of  foreign  influ 
ence,  (I  conjure  you  to  believe  me  fellow  citizens,)  the  jealousy 
of  a  free  people  ought  to  be  constantly  awake  ;  since  history  and 
experience  prove,  that  foreign  influence  is  one  of  the  most  bane 
ful  foes  of  republican  government.  But  that  jealousy  to  be  use 
ful,  must  be  impartial ;  else  it  becomes  the  instrument  of  the  very 
influence  to  be  avoided,  instead  of  a  defense  against  it.  Exces 
sive  partiality  for  one  foreign  nation,  and  excessive  dislike  for  an 
other,  cause  those  whom  they  actuate,  to  see  danger  only  on  one 
side,  and  serve  to  veil  and  even  second  the  arts  of  influence  on  the 
other.  Real  patriots,  who  may  resist  the  intrigues  of  the  favorite, 
are  liable  to  become  suspected  and  odious  ;  while  its  tools  and 
dupes  usurp  the  applause  and  confidence  of  the  people,  to  surren 
der  their  interests. 

"  The  great  rule  of  conduct  for  us,  in  regard  to  foreign  nations, 
is,  in  extending  our  commercial  relations,  to  have  with  them  as 
little  political  connection  as  possible.  So  far  as  we  have  already 
formed  engagements,  let  them  be  fulfilled  with  perfect  good  faith 
— Here,  let  us  stop." 

But  above  all,  this  great  and  good  man  reminded  his  fellow  cit 
izens,  that  without  religion  and  morality,  they  would  expect  po 
litical  prosperity  in  vain. 

"  Of  all  the  dispositions  and  habits  which  lead  to  political  pros 
perity,"  he  observed,  "  religion  and  morality  are  indispensible 
supports.  In  vain  would  that  man  claim  the  tribute  of  pat 
riotism,  who  should  labor  to  subvert  these  great  pillars  of  human 
happiness,  these  firmest  props  of  the  duties  of  men  and  citizens. 


500  POLITICAL  AND  CIVIL  HISTORY,  &c. 

The  mere  politician,  equally  with  the  pious  man,  ought  to  respect 
and  to  cherish  them — a  volume  could  not  trace  all  their  connec 
tions  with  private  and  public  felicity.  Let  it  simply  be  asked, 
where  is  the  security  for  property,  for  reputation,  for  life,  if  the 
sense  of  religious  obligations  desert  the  oaths  which  are  the  in 
struments  of  investigation  in  courts  of  justice  ?  and  let  us  with 
caution  indulge  the  supposition  that  morality  can  be  maintained 
without  religion.  Whatever  may  be  conceded  to  the  influence 
of  refined  education  on  minds  of  peculiar  structure,  reason  and 
experience  both  forbid  us  to  expect,  that  national  morality  can 
prevail  in  exclusion  of  religious  principle ." 


APPENDIX-NOTES. 


NO.  1,  omitted. 
NO.  2. 

Letter  to  the   President  of  Congress,  from   the   British  Commissioners, 
June  Wth,  1778. 

Gentlemen— With  an  earnest  desire  to  stop  the  further  effusion  of 
blood  and  the  calamities  of  war,  we  communicate  to  you  with  the  least 
possible  delay,  after  our  arrival  in  this  city,  a  copy  of  the  commission 
with  which  his  majesty  is  pleased  to  honor  us,  as  also  the  acts  of  par 
liament  on  which  it  is  founded ;  and  at  the  same  time  we  assure  you  of 
our  most  earnest  desire  to  re-establish  on  the  basis  of  equal  freedom 
and  mutual  safety,  the  tranquillity  of  this  once  happy  empire,  you  will 
observe  that  we  are  vested  with  powers  equal  to  the  purpose,  and 
such  as  are  even  unprecedented  in  the  annals  of  our  history. 

In  the  present  state  of  our  affairs,  though  fraught  with  subjects  of 
mutual  regret,  all  parties  may  draw  some  degree  of  consolation,  and 
even  auspicious  hope  from  the  recollection  that  cordial  reconciliation 
and  affection  have,  in  our  own  and  other  empires,  succeeded  to  con 
tentions  and  temporary  divisions  not  less  violent  than  those  we  now 
experience.  We  wish  not  to  recal  subjects  which  are  now  no  longer 
in  controversy,  and  will  reserve  to  a  proper  time  of  discussion  both 
the  hopes  of  mutual  benefit,  and  the  consideration  of  evils  that  may 
naturally  contribute  to  determine  your  resolutions  as  well  as  our  own, 
on  this  important  occasion.  The  acts  of  parliament  which  we  trans 
mit  to  you,  having  passed  with  singular  unanimity,  will  sufficiently 
evince  the  disposition  of  Great  Britain,  and  shew  that  the  terms  of 
agreement  in  contemplation  with  his  majesty  and  with  parliament,  are 
such  as  come  up  to  every  wish  that  North  America,  either  in  the  hour 
of  temperate  deliberation,  or  of  the  utmost  apprehension  of  danger  to 
liberty,  has  ever  expressed.  More  effectually  to  demonstrate  our 
good  intentions,  we  think  proper  to  declare,  even  in  this  our  first  com 
munication,  that  we  are  disposed  to  concur  in  every  satisfactory  and 
just  arrangement  towards  the  following,  among  other  purposes : 

To  consent  to  a  cessation  of  hostilities  both  by  sea  and  land. 

To  restore  free  intercourse,  to  revive  mutual  affection,  and  renew 
the  common  benefits  of  naturalization  through  the  several  parts  of 
this  empire. 

To  extend  every  freedom  of  trade  that  our  respective  interests  can 
require. 


APPENDIX. 

To  agree  that  no  military  forces  shall  be  kept  up  in  the  different 
states  of  North  America  without  the  consent  of  the  general  congress 
or  particular  assemblies. 

To  concur  in  measures  calculated  to  discharge  the  debts  of  Amer 
ica,  and  to  raise  the  credit  and  value  of  the  paper  circulation. 

To  perpetuate  our  union  by  a  reciprocal  deputation  of  an  agent  or 
agents  from  the  different  states,  who  shall  have  the  privilege  of  a  seat 
and  voice  in  the  pari lament  of  Great  Britain,  or  if  sent  from  Britain, 
in  that  case,  to  have  a  seat  and  voice  in  the  assemblies  of  the  different 
states  to  which  they  may  be  sent  in  order  to  attend  to  the  several  in 
terests  of  those  by  whom  they  are  deputed. 

In  short,  to  establish  the  power  of  the  respective  legislatures  in  each 
particular  state,  to  settle  its  revenues,  its  civil  and  military  establish 
ments,  and  to  exercise  a  perfect  freedom  of  legislation  and  internal 
government,  so  that  the  British  states  throughout  North  America,  act 
ing  with  us  in  peace  and  war,  under  one  common  sovereign,  may 
have  the  irrevocable  enjoyment  of  every  privilege  that  is  short  of  a 
total  separation  of  interests,  or  consistent  with  that  union  and  force 
on  which  the  safety  of  our  common  religion  and  liberty  depends. 

In  our  anxiety  for  preserving  those  sacred  and  essential  interests, 
we  cannot  help  taking  notice  of  the  insidious  interposition  of  a  power, 
which  has,  from  the  first  settlement  of  these  colonies,  been  actuated 
with  enmity  to  us  both.  And,  notwithstanding  the  pretended  date  or 
present  form  of  the  French  offers  to  North  America,  yet  it  is  notori 
ous  that  these  were  made  in  consequence  of  the  plans  of  accommoda 
tions  previously  concerted  in  Great  Britain,  and  with  a  view  to  pre 
vent  our  reconciliation,  and  to  prolong  this  destructive  war.  But  we 
trust  that  the  inhabitants  of  North  America  connected  with  us  by  the 
nearest  ties  of  consanguinity,  speaking  the  same  language,  interested 
in  the  preservation  of  similar  institutions,  remembering  the  former 
happy  intercourse  of  good  offices,  and  forgetting  recent  animosities, 
will  shrink  from  the  thought  of  becoming  an  accession  of  force  to  our 
late  mutual  enemies,  and  will  prefer  a  firm,  free,  and  perpetual  coali 
tion  with  the  parent  state,  to  an  insincere  and  unnatural  foreign 
alliance. 

This  dispatch  will  be  delivered  to  you  byDr.  Ferguson,  the  secre 
tary  to  his  majesty's  commission,  and  for  fuller  explanation  and  dis 
cussion  of  every  subject  of  difference,  we  desire  to  meet  with  you, 
either  collectively,  or  by  deputation,  at  New  York,  Philadelphia, 
Yorktown,  or  such  other  place  as  you  may  propose  ;  we  think  it  right, 
however,  to  apprise  you,  that  his  majesty's  instructions,  as  well  as  our 
own  desire,  to  remove  from  the  immediate  seat  of  war,  in  the  active 
operations  of  which  we  cannot  take  any  part,  may  induce  us  speedily 
to  remove  to  New  York.  But  the  commander  in  chief  of  his  majesty's 
land  forces  (who  is  joined  with  us  in  the  commission)  will,  if  it  should 
become  necessary,  either  concur  with  us  in  a  suspension  of  hostilities, 
or  will  furnish  all  necessary  passports  and  safe  conduct  to  facilitate 
our  meeting,  and  we  shall  of  course  expect  the  same  of  you. 


APPENDIX.  503 

If  after  the  time  that  may  be  necessary  to  consider  this  communica 
tion,  and  to  transmit  your  answer,  the  horrors  and  devastations  of  war 
should  continue,  we  call  God  and  the  world  to  witness,  that  the  evils 
which  must  follow,  are  not  to  be  imputed  to  Great  Britain,  and  we  can 
not,  without  the  most  real  sorrow,  anticipate  the  prospect  of  calami 
ties  which  we  feel  the  most  ardent  desire  to  prevent. 
We  are,  with  perfect  respect,  gentlemen, 

Your  most  obedient,  and  most  humble  servants, 

CARLISLE, 
WILLIAM  EDEN, 
GEORGE  JOHNSTONE. 
NO.  3. 

Instructions  to  Dr.  Franklin,  minister  plenipotentiary  of  the  United  States, 
to  the  court  of  France,  October  22,  1778. 

We,  the  congress  of  the  United  States  of  North  America,  having 
thought  it  proper  to  appoint  you  their  minister  plenipotentiary  to  the 
court  of  his  most  Christian  majesty,  you  shall  in  all  things,  according 
to  the  best  of  your  knowledge  and  abilities,  promote  the  interest  and 
honor  of  the  said  states  at  that  court,  with  a  particular  attention  to  the 
following  instructions : 

1.  You  are  immediately  to  assure  his  most  Christian  majesty,  that 
these  states  entertain  the  highest  sense  of  his  exertions  in  their  favor, 
particularly  by  sending  the  respectable   squadron    under   the  count 
d'Estaing,  which  would  probably  have  terminated  the  war  in  a  speedy 
and   honorable  mariner,   if  unforeseen  and  unfortunate  circumstances 
had  not  intervened.     You  are  further  to  assure  him  that  they  consider 
this  speedy  aid,  not  only  as  a  testimony  of  his  majesty's  fidelity  to  the 
engagements  he  hath  entered  into,  but  as  an  earnest  of  that  protection 
which  they  hope  from  his  power   and  magnanimity,   and  as  a  bond  of 
gratitude  to  the  union,  founded  on  mutual  interest. 

2.  You  shall,  by  the  earliest  opportunity,   and  on  every  necessary 
occasion,  assure  the  king  and  his  ministers,  that  neither  the  congress 
nor  any  of  the  states  they  represent,   have  at  all  swerved  from  their 
determination  to  be  independent  in  July,  1776.     But  as  the  declara 
tion  was  made  in  face  of  the  most  powerful  fleet  and  army  which 
could  have  been  expected  to  operate  against  them,   and  without  any 
the  slightest   assurance  of  foreign   aid,   so,  although  in  a  defenseless 
situation,  and  harassed  by  the  secret  machinations  and  designs  -of  in 
testine  foes,  they  have,  under  the  exertions  of  that  force,  during  these 
bloody  campaigns,  persevered  in  their  determination  to  be  free.    And 
that  they  have  been  inflexible  in  this  determination,   notwithstanding 
the  interruption  of  their  commerce,   the  great  sufferings  they  have 
experienced  from  the  want  of  those  things  which  it  procured,  and  the 
unexampled  barbarity  of  their  enemies. 

3.  You  are  to  give  the  most  pointed  and  positive  assurances,  that 
although  the  congress  are  earnestly  desirous  of  peace,  as  well  to  ar 
range  their  finances,  and  recruit  the  exhausted  state  of  their  country, 
as  to  spare  the  further  effusion  of  blood,  yet  they  will  faithfully  per- 


504  APPENDIX. 

form  their  engagements,  and  afford  every  assistance  in  their  power  to 
prosecute  the  war  for  the  great  purposes  of  the  alliance. 

4.  You  shall  endeavor  to  obtain  the  king's  consent  to  expunge  from 
the  treaty  of  commerce  the  eleventh  and  twelfth  articles,  as  inconsist 
ent  with  that  equality  and  reciprocity  which  form  the  best  security  to 
perpetuate  the  whole. 

5.  You  are  to  exert  yourself  to  procure  the  consent  of  the  court  of 
France,   that  all  American   seamen,   who  may  be  taken  on  board  of 
British  vessels,  may,   if  they  choose,  be  permitted  to  enter  on  board 
American  vessels.     In  return  for  which,  you  are  authorized  to  stipu 
late,   that  all  Frenchmen  who  may  be  taken  on  board  of  British  ves 
sels,  by  vessels  belonging  to  the  United  States,   shall  be  delivered  up 
to  persons  appointed  for  that  purpose  by  his  most  Christian  majesty. 

6.  You  are  to  suggest  to  the  ministers  of  his  most  Christian  majesty, 
the  advantages  that  would  result  from  entering  on  board  the  ships  of 
these   states,   British  seamen  who  may  be  made  prisoners,   thereby 
impairing  the  force  of  the  enemy,   and  strengthening  the   hands  of 
his  ally. 

7.  You  are  also  to  suggest  the  fatal  consequences  which  would  fol 
low  the  commerce  of  the  common  enemy,  if,  by  confining  the  war  to 
the  European  and  Asiatic  seas,   the  coasts  of  America  could  be  so  far 
freed  from  the  British  fleets  as  to  furnish  a  safe  asylum  to  the  frigates 
and  privateers  of  the  allied  nations  and  their  prizes. 

8.  You  shall  constantly  inculcate  the  certainty  of  ruining  the  Brit 
ish  fisheries   on  the  banks  of  Newfoundland,   and   consequently  the 
British  marine,  by  reducing  Halifax  and  Quebec,  since,  by  that  means 
they  would  be  expose <\  to  alarm  and  plunder,  and  deprived  of  the  ne 
cessary  supplies  formerly  drawn  from  America.     The  plans  proposed 
to  Congress  for  compassing  these  objects  are  herewith  transmitted  for 
your  more  particular  instruction. 

9.  You  are  to  lay  before  the  court  the  deranged  state  of  our  finan 
ces,  together  with  the  causes  thereof;  and  show  the  necessity  of  pla 
cing  them  on  a  more   respectable   footing,   in  order  to  prosecute  the 
war  with  vigor  on  the  part  of  America.     Observations  on  that  subject 
are  herewith  transmitted ;  and  more  particular   instructions  shall  be 
sent  whenever  the  necessary  steps  previous  thereto  shall   have  been 
taken. 

10.  You  are,  by  every  means  in  your  power,  to  promote  a  perfect 
harmony,  concord  and  good  understanding,   not  only  between  the  al 
lied  powers,  but  also  between  and  among  their  subjects,  that  the  con 
nexion  so  favorably  begun  may  be  perpetuated. 

11.  You  shall  in  all  things  take  care  not  to  make  any  engagements, 
or  stipulations,  on  the  part  of  America,  without  the  consent  of  Amer 
ica  previously  obtained. 

We  pray  God  to  further  you  with  his  goodness  in  the  several  objects 
hereby  recommended  ;  and  that  he  will  have  you  in  his  holy  keeping. 
Done  at  Philadelphia,  the  26th  day  of  October,  1778. 

By  the  congress.  H.  LAURENS,  President. 

Attest,  CHARLES  THOMSON,  Secretary. 


APPENDIX.  503 

NO.  4. 

Plan  for  reducing  the  province  of  Canada,  referred  to  in  the  instructions 
of  Hon.  B.  Franklin,  minister  to  the  court  of  France,  October,  1778. 
Plan  of  attack. — That  a  number  of  men  be  assembled  at  Fort  Pitt, 
from  Virginia  and  Pennsylvania,  amounting  to  one  thousand  five  hun 
dred  rank  and  file ;  for  which  purpose  three  thousand  should  be  call 
ed  for ;  and  if  more  than  one  thousand  five  hundred  appear,  the 
least  effective  to  be  dismissed.  To  these  should  be  added  one 
hundred  light  cavalry,  one  half  armed  with  lances.  The  whole 
should  be  ready  to  march  by  the  first  day  of  June ;  and  for  that  pur 
pose  they  should  be  called  together  for  the  1st  of  May,  so  as  to  be 
in  readiness  by  the  15th.  The  real  and  declared  object  of  the  corps 
should  be  to  attack  Detroit,  and  to  destroy  the  towns  on  the  route 
thither,  of  those  Indians  who  are  inimical  to  the  United  States. 

2.  That  five  hundred  men  be  stationed  at  or  near  Wyoming  this  win 
ter,  to  cover  the  frontiers  of  Pennsylvania  and  New  Jersey ;  to  be  re 
inforced  by  one  thousand  men  from  those  states  early  in  the  spring. 
For  this  purpose,  two  thousand  men  should  be  called  for,  to  appear  on 
the  first  of  May,   so  as  to  be  in  readiness  by  the   15th.     They  must 
march  on  the  first  of  June  at  farthest,   for  Oneoquago ;  to  proceed  from 
thence  against  Niagara.     This  is  also  to  be  declared. 

3.  That  in  addition  to  the  garrison  at  Fort  Schuyler  or  Stanwix,  one 
thousand  five  hundred  men  be  stationed  this  winter  along  the  Mohawk 
river ;  and  preparations  of  every  kind  made  to  build  vessels  of  force 
on  lake  Ontario  early  next  spring ;  and  to  take  post  at  or  near  Oswego. 
A  reinforcement  of  two  thousand  five  hundred  men,  from  the  militia  of 
New  York  and  the  western  parts  of  Connecticut  and  Massachusetts 
Bay,  must  be  added  to  these  early  in  the  spring ;  for  which  purpose  a 
demand  must  be  made  of  five  thousand.     A  party,   consisting  of  five 
hundred  regular  troops  and  one  thousand  militia,   must  march  from 
Schenectady  ;  so  as  to  meet  those  destined  to  act  against   Niagara  at 
Oneoquago.     They  should  be  joined  by  about  one  hundred  light  dra 
goons,  armed  as  aforesaid,  together  with  all  the  warriors  which  can  be 
collected  from  the  friendly  tribes.  In  their  march  to  Niagara,  they  should 
destroy  the  Senecas  and  other  towns  of  Indians  which  are  inimical. 

4.  That  two  thousand   five   hundred  men  be  marched  from  fort 
Schuyler,   as  early  as  possible  after  the   middle  of  May,  to  Oswego, 
and  take  a  post  there,  or  in  the  neighborhood ;  to  be  defended  by  about 
five  hundred  men.     That  they  also  be  employed  in  forwarding  the  ves 
sels  to  be  built  for  securing  the   navigation  of  lake  Ontario,  and  in 
mak  ng  excursions  towards  Niagara;  so  as  to  keep  the  Indian  country 
in  alarm,  and  facilitate  the  operations  in  that  quarter. 

5.  That  a  number  of  regiments  be  cantoned  along  the  upper  parts 
of  Connecticut  river,   to  be  recruited   in  the  winter;  so  as  to  form  a 
body  of  five  thousand  regular  troops,  rank  and  file  ;  and  every  prepar 
ation  made  to  penetrate   into  Canada  by  way  of  the  river  St.  Francis. 
The  time  of  their  departure  must  depend  upon  circumstances ;  and 

VOL.  II.  64 


506  APPENDIX. 

their  object  kept  as  secret  as  the  nature  of  the  thing  will  permiL 
When  they  arrive  at  the  St.  Francis,  they  must  take  a  good  postal 
the  mouth  of  St.  Francis,  and  turn  their  attention  immediately  to  the 
reduction  of  Montreal  and  St.  John's,  and  the  north  end  of  lake  Cham- 
plain.  These  operations  will  be  facilitated  by  the  several  movements 
to  the  westward,  drawing  the  attention  of  the  enemy  to  that  quarter. 
If  successful,  so  as  to  secure  a  passage  across  the  lake,  further  rein 
forcements  may  be  thrown  in,  and  an  additional  retreat  secured  that 
way.  The  next  operation  will  be  in  concert  with  the  troops  who  are 
to  gain  the  navigation  of  lake  Ontario,  &c.  This  operation,  however, 
must  be  feeble,  so  long  as  the  necessity  exists  of  securing  their  rear 
towards  Quebec.  Such  detachments,  however,  as  can  be  spared,  per 
haps  two  thousand,  with  as  many  Canadians  as  will  join  them,  are  to 
proceed  up  Cadaraqui,  and  take  a  post,  defensible  by  about  three  hun 
dred  men,  at  or  near  the  mouth  of  lake  Ontario.  They  will  then  join 
themselves  to  those  posted,  as  aforesaid,  at  or  near  Oswego ;  and,  leav 
ing  a  garrison  at  that  post,  proceed  together  to  the  party  at  or  near  Ni 
agara,  at  which  place  they  ought,  if  possible,  to  arrive  by  the  middle 
of  September.  The  troops  who  have  marched  against  Detroit  should 
also,  whether  successful  or  not,  return  to  Niagara,  if  that  post  is  pos- 
sesssed  or  besieged  by  the  Americans ;  as  a  safe  retreat  can  by  that 
means  be  accomplished  for  the  whole,  in  case  of  accident.  On  the 
supposition  that  these  operations  should  succeed,  still  another  cam 
paign  must  be  made  to  reduce  the  city  of  Quebec.  The  American 
troops  must  continue  all  winter  in  Canada.  To  supply  them  with 
provisions,  clothing,  &c.  will  be  difficult,  if  not  impracticable.  The 
expense  will  be  ruinous.  The  enemy  will  have  time  to  reinforce. 
Nothing  can  be  attempted  against  Halifax.  Considering  these  circum 
stances,  it  is  perhaps  more  prudent  to  make  incursions  with  cavalry, 
and  light  infantry,  and  chasseurs,  to  harrass  and  alarm  the  enemy; 
and  thereby  prevent  them  from  desolating  our  frontiers,  which  seems 
to  be  their  object  during  the  next  campaign. 

But  if  the  reduction  of  Halifax  and  Quebec  are  objects  of  the  high 
est  importance  to  the  allies,  they  must  be  attempted. 

The  importance  to  France  is  derived  from  the  following  consid 
erations  : 

1 .  The  fishery  of  Newfoundland  is  justly  considered  as  the  basis  of 
a  good  marine. 

2.  The  possession  of  those  two  places   necessarily  secures  to  the 
party,  and  their  friends,  the  island  and  fisheries. 

3.  It  will  strengthen  her  allies ;  and  guarantee  more  strongly  their 
freedom  and  independence. 

4.  It  will  have  an  influence  in  extending  the  commerce  of  France, 
and  restoring  her  to  a  share  of  the  fur  trade,   now  monopolized  by 
Great  Britain. 

The  importance  to  America  results  from  the  following  consider 
ations  : 

1.  The  peace  of  their  frontiers. 

2,  The  arrangement  of  their  finances. 


APPENDIX.  507 

5.  The  accession  of  two  states  to  the  union. 

4.  The  protection  and  security  of  their  commerce. 

5.  That  it  will  enable  them  to  bend  their  whole  attention  and  re 
sources  to  the  creation  of  a  marine,   which  will  at  once  serve  them 
and  assist  their  allies. 

6.  That  it  will  secure  the  fisheries  to  the  United  States,  and  France 
their  ally,  to  the  total  exclusion  of  Great  Britain.     Add  to  these  con 
siderations: 

1.  That  Great  Britain,  by  holding  these  places,  will  infest  the  coast 
of  America  with  small  armed  vessels  to  the  great  injury  of  the  French 
as  well  as  the  American  trade. 

2.  That  her  possessions  in  the  West  Indies  materially  depend  on 
the  possession  of  posts  to  supply  them  with  bread  and  lumber,  and  to 
refit  their  ships,  and  receive  their  sick,  as  well  soldiers  as  seamen. 
In  order  then  to  secure,  as  far  as  human  wisdom  can  provide,  the  re 
duction  of  those  places,  aid  must  be  obtained  from  France.     Suppose 
a  body  of  four  or  five  thousand  French  troops  sail  from  Brest,  in  the 
beginning  of  May,    under  convoy  of  four  ships  of  the  line  and  four 
frigates.     Their  object  to  be  avowed;  but  their  clothing,  stores,  &c. 
such  as  designate  them  for  the  West    Indies.      Each    soldier   must 
have  a  good  blanket,  of  a  large  size,  to  be  made  into  a  coat  when  the 
weather  grows  cool.     Thick  clothing  for  these  troops  should  be  sent 
in  August,  so  as  to  arrive  at  such  place  as  circumstances  by  that  time 
may  indicate,  by  the  beginning  of  October.     These  troops,  by  the  end 
of  June  or  beginning  of  July,  might  arrive  at  Quebec,  which  for  the 
reasons  already  assigned,  they  would  in  all  probability  find  quite  de 
fenseless.     Possessing  themselves  of  that  city,  and  leaving  there  the 
line  of  battle  ships,  the  marines  and  a  very  small  garrison,  with  as 
many  of  the  Canadians  as  can  readily  be  assembled,  (for  which  pur 
pose  spare  arms  should  be  provided,  which  might  be  put  up  in  boxes, 
and  marked  as  for  the  militia  of  one  of  the  French  islands,)  the  frig 
ates  and  transports  should  proceed  up  the  river  St.  Lawrence,  and  a 
debarkation  take  place  at  the  mouth  of  the  river  St.  Francis.     If  the 
Americans  are  already  at  that  place,   the  troops  will  co-operate  for 
the  purposes  abovementioned :  if  not,  a  post  must  be  taken  there,  and 
expresses  sent,  &c.     In  the  interim,   three  of  the  frigates,   with  four 
of  the  smallest  transports,  should  proceed  to  Montreal,  and  if  possible 
possess  that  city ;  when  the  nobles  and  clergy  should  be  immediately 
called  together  by  the  general,   who  should,  if  possible,  be  well  ac 
quainted  with  the  manners  both  of  France  and  of  the  United  States. 
The  troops  should  bring  with  them  very  ample  provisions,  especially 
of  salted  flesh,  as  they  will  come  to  a  country  exhausted  by  the  Brit 
ish  army.     By  the  latter  end  of  July,  or  middle  of  August,  the  reduc 
tion  of  Canada  might  be  so  far  completed,   that  the  ships  might  pro 
ceed  to  the  investiture  of  Halifax,   taking  on  board  large  supplies  of 
flour.     A  part  of  the  troops  might  march,  and  be  followed  by  the  sick, 
as  they  recover.     A  considerable  body  of  American  troops  might  then 
be  spared  for  that  service,  which,  with  the  militia  of  the  states  of 
Massachusetts  Bay  and  New  Hampshire,  might  proceed  to  the  attack 


508  APPENDIX. 

of  Halifax,  so  as  to  arrive  at  the  beginning  of  September ;  and  if  that 
place  should  fall  by  the  beginning  or  middle  of  October,  the  troops 
might  either  proceed  against  Newfoundland,  or  remain  in  garrison 
until  the  spring;  at  which  time  that  conquest  might  be  completed. 
If  Halifax  should  not  be  taken,  then  the  squadron  and  troops  would 
still  be  in  time  to  co-operate  against  the  West  Indies. 

To  the  Hon.  Benjamin  Franklin,  Esq. 

Sir — The  above  plan,  referred  to  in  your  instructions,  you  shall  lay 
substantially  before  the  French  minister.  You  shall  consult  the  mar 
quis  de  la  Fayette  on  any  difficulties  which  may  arise ;  and  refer  the 
ministry  to  him,  as  he  hath  made  it  his  particular  study  to  gain  infor 
mation  on  these  important  points. 

By  order  of  Congress.  H.  L.  President. 

Attest,  C.  T.  Secretary. 

NO.  5,  omitted. 

NO.  6. 

Extract  from,  a  statement  made  to  congress,   by  the  French  minister  Ge 
rard,  concerning  negotiations  for  peace,  in  July,  1779. 

That  the  British  ministry  seem  to  be  solicitous  to  be  reconciled  with 
France,  and  to  keep  up  this  negociation;  that  from  thence  probable 
hopes  may  be  entertained  of  their  internal  disposition  to  peace ;  but 
at  the  same  time,  they  reject  with  haughtiness  the  formal  acknowl 
edgment  of  the  independence  insisted  on  by  France  and  Spain.  New 
orders  have  been  given  to  the  Spanish  ambassador  at  London  to  ascer 
tain,  as  nearly  as  possible,  those  dispositions.  In  these  circumstances 
the  king  his  master  ordered  him  to  communicate  this  intelligence  to 
the  United  States,  that  they  may,  if  they  think  proper,  take  under 
consideration,  if  it  would  not  be  expedient  to  give  their  plenipoten 
tiary  instructions  and  full  powers  founded  upon  the  necessity  of  the 
conjuncture  and  upon  the  treaty  of  alliance,  the  express  and  formal 
terms  of  which  are,  that  peace  shall  not  be  made  without  an  express 
or  tacit  acknowledgment  of  the  sovereignty,  and  consequently  and  a 
fortiori,  of  the  rights  inherent  in  sovereignty  as  well  as  of  the  inde 
pendence  of  the  United  States,  in  matters  of  government  and  of  com 
merce.  This  substantial  alternative  in  an  engagement  which  is  a 
mere  gratuitous  gift  without  any  compensation,  or  stipulation,  ought 
indeed  never  to  be  forgot  in  a  negociation  for  peace.  France  foresaw 
the  extreme  difficulties  a  formal  and  explicit  acknowledgment  might 
meet  with.  She  knew  by  her  own  experience  in  similar  contests  in 
which  she  has  been  deeply  concerned,  respecting  the  republics  of 
Holland,  Genoa,  and  the  Swiss  cantons,  how  tenacious  monarchs  are, 
and  how  repugnant  to  pronounce  the  humiliating  formula.  It  was 
only  obtained  for  Holland  tacitly,  after  a  war  of  thirty  years;  and  ex 
plicitly,  after  a  resistance  of  seventy.  To  this  day  Genoa  and  the 
Swiss  cantons  have  obtained  no  renunciation,  nor  acknowledgment, 


APPENDIX,  509 

either  tacit,  or  formal,  from  their  former  sovereigns.  But  they  enjoy 
their  sovereignty  and  independence  only  under  the  guarantee  of 
France.  His  court  thought  it  important  to  provide,  that  difficulties  of 
this  nature,  which  reside  merely  in  words,  should  not  delay  or  prevent 
America  from  enjoying  the  thing  itself.  From  these  considerations 
arose  the  very  important  and  explicit  stipulation  in  the  treaty,  which 
he  has  just  now  related,  and  which  has  received  the  sanction  of  the 
United  States.  The  circumstances  seem  already  such  as  call  for  the 
application  of  the  alternative  of  tacit,  or  explicit  acknowledgment. 
All  these  considerations  therefore  are  mentioned,  that  Congress  may, 
if  they  think  proper,  consider  whether  the  literal  execution  of  the 
treaty  in  this  point  is  not  become  necessary,  and  whether  the  safety 
and  happiness  of  the  American  people,  as  well  as  the  essential  princi 
ples  of  the  alliance,  are  not  intimately  connected  with  the  resolutions 
that  may  be  taken  on  this  subject.  And  it  remains  with  the  prudence 
of  congress  to  examine  whether  instructions  upon  some  particular 
conditions  may  not  frustrate  the  salutary  purpose  of  the  treaty  of  alli 
ance  relative  to  a  tacit  acknowledgment  which  the  situation  of  affairs 
may  require.  In  thus  executing,  continued  he,  the  orders  I  have  re 
ceived,  I  cannot  omit  observing,  that  these  orders  were  given  with 
the  full  presumption,  that  the  business  which  I  laid  before  congress  in 
February  last  would  have  been  settled  long  before  these  despatches  should 
come  to  my  hands.  However  sensibly  my  court  will  be  disappointed 
in  her  expectations,  I  shall  add  nothing  to  the  information  and  obser 
vations  which  with  the  warmest  zeal  for  the  interest  and  honor  of  both 
countries  and  by  the  duties  of  my  office  and  my  instructions,  I  found 
myself  bound  to  deliver  from  time  to  time  to  congress,  in  the  course 
of  this  business.  The  apprehension  of  giving  new  matter  to  those 
who  endeavor  to  throw  blame  upon  congress,  is  a  new  motive  for  me 
to  remain  silent.  I  beg  only  to  remind  this  honorable  body  of  the 
aforesaid  information  and  reflections,  and  particularly  of  those  which 
I  had  the  honor  to  deliver  to  an  assembly  similar  to  the  present.  1  shall 
only  insist  on  a  single  point,  which  I  established  then,  and  since  in 
one  of  my  memorials,  namely,  the  manifest  and  striking  necessity  of 
enabling  Spain,  by  the  determination  of  just  and  moderate  terms,  to 
press  upon  England  with  her  good  offices,  and  to  bring  her  mediation 
to  an  issue,  in  order  that  we  may  know  whether  we  are  to  expect  war 
or  peace.  This  step  is  looked  upon  in  Europe  as  immediately  neces 
sary.  It  was  the  proper  object  of  the  message  I  delivered  in  Febru 
ary  last.  I  established  then  the  strong  reasons  which  require,  that  at 
the  same  time  and  without  delay,  proper  terms  should  be  offered  to 
his  catholic  majesty,  in  order  to  reconcile  him  perfectly  to  the  Ameri 
can  interest.  I  did  not  conceal,  that  it  was  to  be  feared,  that  any  con 
dition  inconsistent  with  the  established  form  of  the  alliance,  which  is 
the  binding  and  only  law  of  the  allies,  and  contrary  to  the  line  of  con 
duct  which  Spain  pursued  in  the  course  of  her  mediation^  would  lead 
her  to  drop  the  mediation,  and  prevent  his  catholic  majesty,  by  mo 
tives  of  honor  and  faithfulness,  from  joining  in  our  common  cause, 


510  APPENDIX. 

and  from  completing  the  intended  triumvirate.  No  loss,  no  unhappy 
event  could  be  so  heavy  on  the  alliance  as  this.  Indeed  although  the 
British  forces  are  already  kept  in  check  by  the  combined  efforts  of 
France  and  America,  it  is  nevertheless  evident  that  the  accession  of 
Spain  only  can  give  to  the  alliance  a  decided  superiority  adequate  to 
our  purposes,  and  free  us  from  the  fatal  chance  that  a  single  unlucky 
event  may  overturn  the  balance. 


NO.  7. 

Instructions  to  Mr.  Adams,  in  negotiating  a  treaty  of  commerce  'with 
Great  Britain,  August  Uth,  1779. 

SIR — You  will  herewith  receive  a  commission,  giving  you  full  pow 
er  to  negociate  a  treaty  of  commerce  with  Great  Britain  in  doing 
which  you  will  consider  yourself  bound  by  the  following  information 
and  instructions : 

1.  You  will  govern  yourself  principally  by  the  treaty  of  commerce 
with  his  most  Christian  majesty;  and  as,   on  the  one  hand,  you  shall 
grant  no  privilege  to  Great  Britain  not  granted  by  that  treaty  to 
France,  so,  on  the  other,  you  shall  not  consent  to  any  peculiar  restric 
tions  or  limitations  whatever  in  favor  of  Great  Britain. 

2.  In  order  that  you  may  be  the  better  able  to  act  with  propriety  on 
this  occasion,  it  is  necessary  for  you  to  know,  that  we  have  determin 
ed,  1st,  that  the  common  right  of  fishing  shall  in  no  case  be  given  up ; 
2d,  that  it  is  essential  to  the  welfare  of  all  these   United  States,  that 
the  inhabitants  thereof,  at  the  expiration  of  the  war,  should  continue 
to  enjoy  the  free  and  undisturbed   exercise  of  their  common  right  to 
fish  on  the  banks  of  Newfoundland,  and  the  other  fishing  banks  and 
seas  of  North  America,  preserving  inviolate   the  treaties  between 
France  and  the  said  states;  3d,  that  application  shall  be  made  to  his 
most  Christian  majesty  to  agree  to  some  article  or  articles  for  the  better 
securing  to  these  states  a  share  in  the  said  fisheries ;  4th,  that  if,  after 
a  treaty  of  peace  with  Great  Britain,  she  shall  molest  the  citizens  or 
inhabitants  of  any  of  the  United  States,  in  taking  fish  on  the  banks  and 
places  herein  after  described,  such  molestation  being  in  our  opinion  a 
direct  violation  and  breach  of  the  peace,  shall  be  a  common  cause  of 
the  said  states,  and  the  force  of  the  union  be  exerted  to  obtain  redress 
for  the  parties  injured;  and  5th,  that  our  faith  be  pledged  to  the  sev 
eral  states,  that,  without  their  unanimous  consent,  no  treaty  of  com 
merce   shall  be  entered  into,  nor  any  trade  or  commerce  carried  on 
with  Great  Britain,  without  the  explicit  stipulation  herein  after  men 
tioned.     You  are  therefore  not  to  consent  to  any  treaty  of  commerce 
with  Great  Britain  without  an  explicit  stipulation  on  her  part,  not  to 
molest  or  disturb  the   inhabitants  of  the  United  States  of  America  in 
taking  fish  on  the  banks  of  Newfoundland  and  other  fisheries  in  the 
American  seas  any  where,  excepting  within  the  distance  of  three 
leagues  of  the  shores  of  the  territories  remaining  to  Great  Britain  at 


APPENDIX.  $11 

tlie  close  of  the  war,  if  a  nearer  distance  cannot  be  obtained  by  nego- 
ciation.  And  in  the  negociation  you  are  to  exert  your  most  strenuous 
endeavors  to  obtain  a  nearer  distance  to  the  gulf  of  St.  Lawrence,  and 
particularly  along  the  shores  of  Nova  Scotia,  as  to  which  latter  we 
are  desirous  that  even  the  shores  may  be  occasionally  used  for  the 
purpose  of  carrying  on  the  fisheries  by  the  inhabitants  of  these  states. 
3.  In  all  other  matters  you  are  to  govern  yourself  by  your  own  dis 
cretion,  as  shall  be  most  for  the  interest  of  these  states,  taking  care 
that  the  said  treaty  be  founded  on  principles  of  equality  and  recipro 
city,  so  as  to  conduce  to  the  mutual  advantage  of  both  nations,  but  not 
to  the  exclusion  of  others. 


NO.  8. 

Instructions  of  Mr.  Jay,  for  negotiating  with  the  court  of  Spain,  in  Sep 
tember,  1779. 

SIR — By  the  treaties  subsisting  between  his  most  Christian  majesty 
and  the  United  States  of  America,  a  power  is  reserved  to  his  catholic 
majesty  to  accede  to  the  said  treaties,  and  to  participate  in  their  stip 
ulations,  at  such  time  as  he  shall  judge  proper,  it  being  well  under 
stood,  nevertheless,  that  if  any  of  the  stipulations  of  the  said  treaties 
are  not  agreeable  to  the  court  of  Spain,  his  catholic  majesty  may  pro 
pose  other  conditions  analogous  to  the  principal  aim  of  the  alliance, 
and  conformable  to  the  rules  of  equality,  reciprocity,  and  friendship. 
Congress  is  sensible  of  the  friendly  regard  to  these  states  manifested 
by  his  most  Christian  majesty,  in  reserving  a  power  to  his  catholic  ma- 
iesty  of  acceding  to  the  alliance  entered  into  between  his  most  Chris 
tian  majesty  and  these  United  States  ;  and  therefore,  that  nothing  may 
be  wanting  on  their  part  to  facilitate  the  views  of  his  most  Christian 
majesty,  and  to  obtain  a  treaty  of  alliance  and  of  amity  and  commerce 
•with  his  catholic  majesty,  have  thought  proper  to  anticipate  any  pro 
positions  which  his  catholic  majesty  might  make  on  that  subject,  by 
yielding  up  to  him  those  objects  which  they  conclude  he  may  have 
principally  in  view  ;  and  for  that  purpose  have  come  to  the  following 
resolution  : 

That  if  his  catholic  majesty  shall  accede  to  the  said  treaties,  and, 
in  concurrence  with  France  and  the  United  States  of  America,  con 
tinue  the  present  war  with  Great  Britain  for  the  purpose  expressed 
in  the  treaties  aforesaid,  he  shall  not  thereby  be  precluded  from  se 
curing  to  himself  the  Floridas  :  on  the  contrary,  if  he  shall  obtain  the 
Floridas  from  Great  Britain,  these  United  States  will  guaranty  the  same 
to  his  catholic  majesty  :  provided  always,  that  the  United  States  shall 
enjoy  the  free  navigation  of  the  river  Mississippi  into  and  from  the 
sea. 

You  are  therefore  to  communicate  to  his  most  Christian  majesty, 
the  desire  of  congress  to  enter  into  a  treaty  of  alliance  and  of  amity 
and  commerce  with  his  catholic  majesty,  and  to  request  his  favorable 


APPENDIX. 

interposition  for  that  purpose.  At  the  same  time,  you  are  to  make 
such  proposals  to  his  catholic  majesty,  as  in  your  judgment,  from  cir 
cumstances,  will  be  proper  for  obtaining  for  the  United  States  of  Amer 
ica  equal  advantages  with  those  which  are  secured  to  them  by  the 
treaties  with  his  most  Christian  majesty  ;  observing  always  the  reso 
lution  aforesaid  as  the  ultimatum  of  the  United  States. 

You  are  particularly  to  endeavor  to  obtain  some  convenient  port  or 
ports  below  the  thirty-first  degree  of  north  latitude,  on  the  river  Mis 
sissippi,  for  all  merchant  vessels,  goods,  wares,  and  merchandises  be 
longing  to  the  inhabitants  of  these  states. 

The  distressed  state  of  our  finances  and  the  great  depreciation  of 
our  paper  money  inclined  congress  to  hope  that  his  catholic  majesty, 
if  he  shall  conclude  a  treaty  with  these  states,  will  be  induced  to  lend 
them  money  :  you  are  therefore,  to  represent  to  him  t|ie  great  distress 
of  these  states  on  that  account,  and  to  solicit  a  loan  of  five  millions  of 
dollars  upon  the  best  terms  in  your  power,  not  exceeding  six  per 
centum  per  annum,  effectually  to  enable  them  to  co-operate  with  the 
allies  against  the  common  enemy.  But  before  you  make  any  proposi 
tions  to  his  catholic  majesty  for  a  loan,  you  are  to  endeavor  to  obtain 
a  subsidy  in  consideration  of  the  guarantee  aforesaid. 


NO.  9. 

Statement  of  the  claim  of  the  United  States  to  the  western  country  as  far  as 
the  river  Mississippi,  as  well  as  their  right  to  the  navigation  of  that 
river,  drawn  up  by  congress,  in  October,  1780,  in  answer  to  the  extra 
ordinary  claim  of  the  Spanish  court  ;  and  transmitted  to  the  American 
minister  at  Madrid. 

SIR — Congress  having  in  their  instructions  of  the  4th  instant,  di 
rected  you  to  adhere  strictly  to  their  former  instructions  relating  to 
the  boundaries  of  the  United  States,  to  insist  on  the  navigation  of  the 
Mississippi  for  the  citizens  of  the  United  States  in  common  with  the 
subjects  of  his  catholic  majesty,  as  also  on  a  free  port  or  ports  below 
the  northern  limit  of  West  Florida,  and  accessible  to  merchant  ships 
for  the  use  of  the  former  ;  and  being  sensible  of  the  influence  which 
these  claims  on  the  part  of  the  United  States  may  have  on  your  nego- 
ciations  with  the  court  of  Madrid,  have  thought  it  expedient  to  ex 
plain  the  reasons  and  principles  on  which  the  same  are  founded,  that 
you  may  be  enabled  to  satisfy  that  court  of  the  equity  and  justice  of 
their  intentions.  With  respect  to  the  first  of  these  articles,  by  which 
the  river  Mississippi  is  fixed  as  the  boundary  between  the  Spanish 
settlements  and  the  United  States,  it  is  unnecessary  to  take  notice  of 
any  pretensions  founded  on  a  priority  of  discovery,  of  occupancy,  or 
on  conquest.  It  is  sufficient  that  by  the  definitive  treaty  of  Paris,  of 
1763,  article  seventh,  all  the  territory  now  claimed  by  the  United 
States,  was  expressly  and  irrevocably  ceded  to  the  king  of  Great  Brit- 


APPENDIX.  513 

ain,  and  that  the  United  States  are,  in  consequence  of  the  revolution 
in  their  government,  entitled  to  the  benefits  of  that  cession. 
.  The  first x>f  these  positions  is  proved  by  the  treaty  itself.  To  prove 
the  last,  it  must  be  observed,  that  it  is  a  fundamental  principle  in  all 
lawful  governments,  and  particularly  in  the  constitution  of  the  British 
empire,  that  all  the  rights  of  sovereignty  are  intended  for  the  benefit 
of  those  from  whom  they  are  derived,  and  over  whom  they  are  exer 
cised.  It  is  known,  also,  to  have  been  held  for  an  inviolable  principle 
by  the  United  States,  while  they  remained  a  part  of  the  British  em 
pire,  that  the  sovereignty  of  the  king  of  England,  with  all  the  rights 
and  powers  included  in  it,  did  not  extend  to  them  in  virtue  of  his  be 
ing  acknowledged  and  obeyed  as  king  by  the  people  of  England,  or  of 
any  other  part  of  the  empire,  but  in  virtue  of  his  being  acknowledged 
and  obeyed  as  king  of  the  people  of  America  themselves ;  and  that 
this  principle  was  the  basis,  first  of  their  opposition  to,  and  finally  of 
their  abolition  of  his  authority  over  them.  From  these  principles  it 
results,  that  all  the  territory  lying  within  the  limits  of  the  states,  as 
fixed  by  the  sovereign  himself,  was  held  by  him  for  their  particular 
benefits,  and  must  equally  with  his  other  rights  and  claims  in  quality 
of  their  sovereign,  be  considered  as  having  devolved  on  them,  in  con 
sequence  of  their  resumption  of  the  sovereignty  to  themselves. 

In  support  of  this  position  it  may  be  further  observed,  that  all  the 
territorial  rights  of  the  king  of  Great  Britain,  within  the  limits  of  the 
United  States,  accrued  to  him  from  the  enterprises,  the  risks,  the  sa 
crifices,  the  expense  in  blood  and  treasure  of  the  present  inhabitants 
and  their  progenitors.  If  in  latter  times,  expenses  and  exertions  have 
been  borne  by  any  other  part  of  the  empire,  in  their  immediate  de 
fense,  it  need  only  be  recollected,  that  the  ultimate  object  of  them 
was  the  general  security  and  advantage  of  the  empire  ;  that  a  propor 
tional  share  was  borne  by  the  states  themselves ;  and  that  if  this  had 
not  been  the  case,  the  benefits  resulting  from  an  exclusive  enjoyment 
of  their  trade  have  been  an  abundant  compensation.  Equity  and  jus 
tice,  therefore,  perfectly  coincide  in  the  present  instance,  with  politi 
cal  and  constitutional  principles.  No  objection  can  be  pretended 
against  what  is  here  said,  except  that  the  king  of  Great  Britain  was, 
at  the  time  of  the  rupture  with  his  catholic  majesty,  possessed  of  cer 
tain  parts  of  the  territory  in  question,  and  consequently  that  his  cath 
olic  majesty  had  and  still  has  a  right  to  regard  them  as  lawful  objects  of 
conquest.  In  answer  to  this  objection,  it  is  to  be  considered,  1.  That 
these  possessions  are  few  in  number  and  confined  to  small  spots.  2. 
That  a  right  founded  on  conquest  being  only  coextensive  with  the  ob 
jects  of  conquest,  cannot  comprehend  the  circumjacent  territory.  3. 
That  if  a  right  to  the  said  territory  depended  on  the  conquests  of  the. 
British  posts  within  it,  the  United  States  have  already  a  more  exten 
sive  claim  to  it  than  Spain  can  acquire,  having  by  the  success  of  their 
arms  obtained  possession  of  all  the  important  posts  and  settlements  on 
the  Illinois  and  Wabash,  rescued  the  inhabitants  from  British  domin- 

VOL.  II.  65 


514  APPENDIX, 

ation,  and  established  civil  government  in  its  proper  form  over  them. 
They  have,  moreover,  established  a  post  on  a  strong  and  commanding 
situation  near  the  mouth  of  the  Ohio  :  whereas  Spain  has  a  claim  by 
conquest  to  no  post  above  the  northern  bounds  of  West  Florida,  ex 
cept  that  of  the  Natchez,  nor  are  there  any  other  British  posts  below 
the  mouth  of  the  Ohio  for  their  arms  to  be  employed  against.  4.  That 
whatever  extent  ought  to  be  ascribed  to  the  right  of  conquest,  it  must 
be  admitted  to  have  limitations  which  in  the  present  case  exclude  the 
pretensions  of  his  catholic  majesty.  If  the  occupation  by  the  king  of 
Great  Britain  of  posts  within  the  limits  of  the  United  States,  as  denned 
by  charters  derived  from  the  said  king  when  constitutionally  author 
ized  to  grant  them,  makes  them  lawful  objects  of  conquest  to  any  other 
power  than  the  United  States,  it  follows  that  erery  other  part  of  the 
United  States  that  now  is,  or  may  hereafter  fall  into  the  hands  of  the 
enemy,  is  equally  an  object  of  conquest.  Not  only  New  York,  Long 
Island,  and  the  other  islands  in  its  vicinity,  but  almost  the  entire  states 
of  South  Carolina  and  Georgia,  might,  by  the  interposition  of  a  for 
eign  power  at  war  with  their  enemy,  be  forever  severed  from  the 
American  confederac}',  and  subjected  to  a  foreign  yoke.  But  is  such 
a  doctrine  consonant  to  the  rights  of  nations,  or  the  sentiments  of  hu- 
in-nity  ?  Does  it  breathe  that  spirit  of  concord  and  amity  which  is 
the  aim  of  the  proposed  alliance  with  Spain  ?  Would  it  be  admitted 
by  Spain  herself,  if  it  affected  her  own  dominions?  Were,  for  exam 
ple,  a  British  armament  by  a  sudden  enterprise  to  get  possession  of  a 
seaport,  a  trading  town,  or  maritime  province  in  Spain,  and  another 
power  at  war  with  Britain,  should,  before  it  could  be  re-conquered  by 
Spain,  wrest  it  from  the  hands  of  Britain,  would  Spain  herself  consid 
er  it  as  an  extinguishment  of  her  just  pretensions  ?  Or  would  any  im 
partial  nation  consider  it  in  that  light?  As  to  the  proclamation  of  the 
king  of  Great  Britain  of  1763,  forbidding  his  governors  in  North  Amer 
ica  to  grant  lands  westward  of  the  sources  of  the  rivers  falling  into  the 
Atlantic  ocean,  it  can  by  no  rule  of  construction  militate  against  the 
present  claims  of  the  United  States.  That  proclamation,  as  is  clear- 
both  from  the  title  and  tenor  of  it,  was  intended  merely  to  prevent 
disputes  with  the  Indians,  and  an  irregular  appropriation  of  vacant 
land  to  individuals ;  and  by  no  means  either  to  renounce  any  parts  of 
the  cessions  made  in  the  treaty  of  Paris,  or  to  affect  the  boundaries 
established  by  ancient  charters.  On  the  contrary,  it  is  expressly  de 
clared  that  the  lands  and  territory  prohibited  to  be  granted,  were  with 
in  the  sovereignty  and  dominion  of  that  crown,  notwithstanding  the 
reservation  of  them  to  the  use  of  the  Indians. 

The  right  of  the  United  States  to  western  territory  as  far  as  the 
Mississippi,  having  been  shown,  there  are  sufficient  reasons  for  them  to 
insist  on  that  right,  as  well  as  for  Spain  not  to  wish  a  relinquishment  of 
it.  In  the  first  place,  the  river  Mississippi  will  be  a  more  natural, 
more  distinguishable,  and  more  precise  boundary  than  any  other  that 
can  be  drawn  eastward  of  it ;  and  consequently  will  be  less  liable  to 
become  a  source  of  those  disputes  which  too  often  proceed  from  un 
certain  boundaries  between  nations. 


APPENDIX. 

Secondly,  It  ought  not  to  be  concealed,  that  although  the  vacant  ter 
ritory  adjacent  to  the  Mississippi  should  be  relinquished  by  the  United 
States  to  Spain,  yet  the  fertility  of  its  soil,  and  its  convenient  situation 
for  trade,  might  be  productive  of  intrusions  by  the  citizens  of  the  for 
mer,  which  their  great  distance  would  render  it  difficult  to  restrain  ; 
and  which  might  lead  to  an  interruption  of  that  harmony  which  it  is 
so  much  the  interest  and  wish  of  both  should  be  perpetual. 

Thirdly,  As  this  territory  lies  within  the  charter  limits  of  particu 
lar  states,  and  is  considered  by  them  as  no  less  their  property  than  any 
other  territory  within  their  limits,  congress  could  not  relinquish  it 
without  exciting  discussions  between  themselves  and  those  states,  con 
cerning  their  respective  rights  and  powers,  which  might  greatly  em 
barrass  the  public  councils  of  the  United  States,  and  give  advantage 
to  the  common  enemy. 

Fourthly,  The  territory  in  question  contains  a  number  of  inhabit 
ants,  who  are  at  present  under  the  protection  of  the  United  States,  and 
have  sworn  allegiance  to  them.  These  could  not  by  voluntary  trans 
fer  be  subjected  to  a  foreign  jurisdiction,  without  manifest  violation 
of  the  common  rights  of  mankind,  and  of  the  genius  and  principles  of 
the  American  governments. 

Fifthly,  In  case  the  obstinacy  and  pride  of  Great  Britain  should  for 
any  length  of  time  continue  an  obstacle  to  peace,  a  cession  of  this  ter 
ritory,  rendered  of  so  much  value  to  the  United  States  by  its  particular 
situation,  would  deprive  them  of  one  of  the  material  funds  on  which 
they  rely  for  pursuing  the  war  against  her.  On  the  part  of  Spain, 
this  territorial  fund  is  not  needed  for,  and  perhaps  could  not  be  appli 
ed  to,  the  purposes  of  the  war;  and  from  its  situation,  is  otherwise  of 
much  less  value  to  her  than  to  the  United  States.  Congress  have  the 
greater  hopes  that  the  pretensions  of  his  catholic  majesty  on  this  sub 
ject  will  not  be  so  far  urged  as  to  prove  an  insuperable  obstacle  to  an 
alliance  with  the  United  States,  because  they  conceive  such  preten 
sions  to  be  incompatible  with  the  treaties  subsisting  between  France 
and  them,  which  are  to  be  the  basis  and  substance  of  it.  By  article 
eleventh  of  the  treaty  of  alliance,  eventual  and  defensive,  the  posses 
sions  of  the  United  States  are  guarantied  to  them  by  his  most  Christian 
majesty.  By  article  twelfth  of  the  same  treaty,  intended  to  fix  more 
precisely  the  sense  and  applicatien  of  the  preceding  article,  it  is  de 
clared,  that  this  guaranty  shall  have  its  full  force  and  effect  the  mo 
ment  a  rupture  shall  take  place  between  France  and  England.  All 
the  possessions,  therefore,  belonging  to  the  United  States  at  the  time 
of  that  rupture,  which  being  prior  to  the  rupture  between  Spain  and 
England,  must  be  prior  to  all  claims  of  conquest  by  the  former,  are 
guarantied  to  them  by  his  most  Christian  majesty. 

Now,  that  in  the  possessions  thus  guarantied,  was  meant,  by  the 
contracting  parties,  to  be  included  all  the  territory  within  the  limits 
assigned  to  the  United  States  by  the  treaty  of  Paris,  may  be  inferred 
from  the  fifth  article  of  the  treaty  abovementioned,  which  declares, 
that  if  the  United  States  should  think  fit  to  attempt  the  reduction  of 


516  APPENDIX. 

the  British  power  remaining-  in  the  northern  parts  of  America,  or  the 
islands  of  Bermudas,  &c.,  those  countries  shall,  in  case  of  success,  be 
confederated  with,  or  dependent  upon,  the  United  States.  For,  if  it 
had  been  understood  by  the  parties  that  the  western  territory  in  ques 
tion,  known  to  be  of  so  great  importance  to  the  United  States,  and  a 
reduction  of  it  so  likely  to  be  attempted  by  them,  was  not  included  in 
the  general  guaranty,  can  it  be  supposed  that  no  notice  would  have 
been  taken  of  it,  when  the  parties  extended  their  views,  not  only  to 
Canada,  but  to  the  remote  and  unimportant  island  of  Bermudas.  It  is 
true  that  these  acts  between  France  and  the  United  States,  are  in  no 
respects  obligatory  on  his  catholic  majesty,  unless  he  shall  think  fit  to 
accede  to  them.  Yet  as  they  show  the  sense  of  his  most  Christian 
majesty  on  this  subject,  with  whom  his  catholic  majesty  is  intimately 
allied  ;  as  it  is  in  pursuance  of  an  express  reservation  to  his  catholic 
majesty  in  a  secret  act  subjoined  to  the  treaties  aforesaid  of  a  power 
to  accede  to  those  treaties,  that  the  present  overtures  are  made  on  the 
part  of  the  United  States  ;  and  as  it  is  particularly  stated  in  that  act, 
that  any  conditions  which  his  catholic  majesty  shall  think  fit  to  add, 
are  to  be  analogous  to  the  principal  aim  of  the  alliance,  and  conform 
able  to  the  rules  of  equality,  reciprocity,  and  friendship,  congress  en 
tertain  too  high  an  opinion  of  the  equity,  moderation,  and  wisdom  of 
his  catholic  majesty  not  to  suppose,  that,  when  joined  to  these  consid 
erations,  they  will  prevail  against  any  mistaken  views  of  interest  that 
may  be  suggested  to  him. 

The  next  object  of  the  instructions  is  the  free  navigation  of  the 
Mississippi  for  the  citizens  of  the  United  States,  in  common  with  the 
subjects  of  his  catholic  majesty. 

On  this  subject,  the  same  inference  may  be  made  from  article 
seventh  of  the  treaty  of  Paris,  which  stipulates  this  right  in  the  am 
plest  manner  to  the  king  of  Great  Britain  ;  and  the  devolution  of  it  to 
the  United  States,  as  was  applied  to  the  territorial  claims  of  the  latter. 
Nor  can  congress  hesitate  to  believe,  that  even  if  no  such  right  could 
be  inferred  from  that  treaty,  that  the  generosity  of  his  catholic  majes 
ty  would  not  suffer  the  inhabitants  of  these  states  to  be  put  into  a  worse 
condition,  in  this  respect,  by  the  alliance  with  him  in  the  character  of 
a  sovereign  people,  than  they  were  in  when  subjects  of  a  power  which 
was  always  ready  to  turn  its  force  against  his  majesty ;  especially 
as  one  of  the  great  objects  of  the  proposed  alliance  is  to  give  greater 
effect  to  the  common  exertions  for  disarming  that  power  of  the  faculty 
of  disturbing  others.  Besides,  as  the  United  States  have  an  indispu 
table  right  to  the  possession  of  the  east  bank  of  the  Mississippi  for  a 
very  great  distance,  and  the  navigation  of  that  river  will  essentially 
tend  to  the  prosperity  and  advantage  of  the  citizens  of  the  United 
States  that  may  reside  on  the  Mississippi,  or  the  waters  running  into 
it,  it  is  conceived  that  the  circumstances  of  Spam's  being  in  possession 
of  the  banks  on  both  sides  near  its  mouth,  cannot  be  deemed  a  natural 
or  equitable  bar  to  the  free  use  of  the  river.  Such«a  principle  would 
authorise  a  nation  disposed  to  take  advantage  of  circumstances,  to 


APPENDIX.  517 

t 

contravene  the  clear  indications  of  nature  and  Providence,  and  the 
general  good  of  mankind. 

The  usage  of  nations  accordingly  seems  in  such  cases  to  have  given 
to  those  holding  the  mouth  or  lower  parts  of  a  river  no  right  against 
those  above  them,  except  the  right  of  imposing  a  moderate  Toil,  and 
that  on  the  equitable  supposition,  that  such  toll  is  due  for  the  expense 
and  trouble  the  former  may  have  been  put  to.  "  An  innocent  passage, 
(says  Vattel,)  is  due  to  all  nations  with  whom  a  state  is  at  peace  ;  and 
this  duty  comprehends  troops  equally  with  individuals."  If  a  right 
to  a  passage  by  land  through  other  countries  may  be  claimed  for  troops, 
which  are  employed  in  the  destruction  of  mankind,  how  much  more 
may  a  passage  by  water  be  claimed  for  commerce,  which  is  beneficial 
to  ail  nations. 

Here  again  it  ought  not  to  be  concealed,  that  the  inconveniences 
which  must  be  felt  by  the  inhabitants  on  the  waters  running  westward- 
ly,  under  an  exclusion  from  the  free  use  of  the  Mississippi,  would  be 
a  constant  and  increasing  source  of  disquietude  on  their  part,  of  more 
vigorous  precautions  on  the  part  of  Spain,  and  of  an  irritation  on  both 
parts,  which  it  is  equally  the  interest  and  duty  of  both  to  guard 
against. 

But  notwithstanding  the  equitable  claim  of  the  United  States  to  the 
free  navigation  of  the  Mississippi,  and  its  great  importance  to  them, 
congress  have  so  strong  a  disposition  to  conform  to  the  desires  of  his 
catholic  majesty,  that  they  have  agreed  that  such  equitable  regulations 
may  be  entered  into  as  may  be  a  requisite  security  against  contraband  ; 
provided,  the  point  of  right  be  not  relinquished,  and  a  free  port  or 
ports  below  the  thirty-first  degree  of  north  latitude,  and  accessible  to 
merchant  ships,  be  stipulated  to  them. 

The  reason  why  a  port  or  ports,  as  thus  described,  was  requested 
must  be  obvious.  Without  such  a  stipulation,  the  free  use  of  the 
Mississippi  would  in  fact  amount  to  no  more  than  a  free  intercourse 
with  New  Orleans  and  other  ports  of  Louisiana.  From  the  rapid 
current  of  this  river,  it  is  well  known  that  it  must  be  navigated  by 
vessels  of  a  particular  construction,  and  which  will  be  unfit  °to  go  to 
sea.  Unless,  therefore,  some  place  be  assigned  to  the  United  States 
where  the  produce  carried  down  the  river,  and  the  merchandise  ar 
riving  from  abroad,  may  be  deposited  till  they  can  be  respectively 
taken  away  by  the  proper  vessels,  there  can  be  no  such  thing  as  a 
foreign  trade. 

There  is  a  remaining  consideration  respecting  the  navigation  of 
the  Mississippi  which  deeply  concerns  the  maritime  powers  in  gene 
ral,  but  more  particularly  their  most  Christian  and  catholic  majesties. 
The  country  watered  by  the  Ohio,  with  its  large  branches,  having 
their  sources  near  the  lakes  on  one  side,  and  those  running  north 
westward  and  falling  into  it  on  the  other  side,  will  appear  from  a  sin 
gle  glance  on  a  map  to  be  of  vast  extent.  The  circumstance  of  its  being 
so  finely  watered,  added  to  the  singular  fertility  of  its  soil,  and  other 
advantages  presented  by  a  new  country,  will  occasion  a  rapidity  oj 


APPENDIX. 

population  not  easy  to  be  conceived.  The  spirit  of  emigration  has 
already  shown  itself  in  a  very  strong  degree,  notwithstanding  the 
many  impediments  which  discourage  it.  The  principal  of  these  im 
pediments  is  the  war  with  Britain,  which  cannot  spare  a  force  suffi 
cient  to  protect  the  emigrants  against  the  incursions  of  the  savages. 
In  a  very  few  years  after  peace  shall  take  place,  this  country  will  cer 
tainly  be  overspread  with  inhabitants.  In  like  manner  as  in  all  new 
Settlements,  agriculture,  not  manufactures,  will  be  their  employment. 
They  will  raise  wheat,  corn,  beef,  pork,  tobacco,  hemp,  flax,  and  in 
the  southern  parts,  perhaps,  rice  and  indigo,  in  great  quantities.  On 
the  other  hand,  their  consumption  of  foreign  manufactures  will  be  in 
proportion,  if  they  can  be  exchanged  for  the  produce  of  their  soil. 
There  are  but  two  channels  through  which  such  commerce  can  be 
carried  on ;  the  first  is  down  the  river  Mississippi ;  the  other  is  up  the 
rivers  having  their  sources  near  the  lakes,  thence  by  short  portages 
to  the  lakes,  or  the  rivers  falling  into  them,  and  thence  through  the 
lakes  and  down  the  St.  Lawrence.  The  first  of  these  channels  is 
manifestly  the  most  natural,  and  by  far  the  most  advantageous.  Should 
it  however  be  obstructed,  the  second  will  be  found  far  from  impracti 
cable.  If  no  obstructions  should  be  thrown  in  its  course  down  the 
Mississippi,  the  exports  from  this  immense  tract  of  country  will  not 
only  supply  an  abundance  of  all  necessaries  for  the  West  India  islands, 
but  serve  for  a  valuable  basis  of  general  trade,  of  which  the  rising 
ppirit  of  commerce  in  France  and  Spain  will  no  doubt  particularly 
avail  itself.  The  imports  will  be  proportionally  extensive  ;  and  from 
the  climate,  as  well  as  from  other  causes,  will  consist  of  the  manufac 
tures  of  the  some  countries.  On  the  other  hand,  should  obstructions 
in  the  Mississippi  force  this  trade  into  a  contrary  direction  through 
Canada ;  France  and  Spain,  and  the  other  maritime  powers  will  not 
only  lose  the  immediate  benefit  of  it  themselves,  but  they  will  also 
suffer  by  the  advantage  it  will  give  to  Great  Britain.  So  fair  a  pros 
pect  could  not  escape  the  commercial  sagacity  of  this  nation.  She 
would  embrace  it  with  avidity.  She  would  cherish  it  with  the  most 
studious  care.  And  should  she  succeed  in  fixing  it  in  that  channel, 
the  loss  of  her  exclusive  possession  of  the  trade  of  the  United  States 
might  prove  a  much  less  decisive  blow  to  her  maritime  pre-eminence 
and  tyranny  than  has  been  calculated. 

The  last  clause  of  the  instructions,  respecting  the  navigation  of  the 
waters  running  out  of  Georgia  through  West  Florida,  not  being  inclu 
ded  in  the  ultimatum,  nor  claimed  on  a  footing  of  right,  requires 
nothing  to  be  added  to  what  it  speaks  itself. 

The  utility  of  the  privileges  asked  to  the  state  of  Georgia,  and 
consequently  to  the  union,  is  apparent  from  the  geographical  repre 
sentation  of  the  country.  The  motives  for  Spain  to  grant  it  must  be 
found  in  her  equity,  generosity,  and  disposition  to  cultivate  our  friend 
ship  and  intercourse. 

These  observations  you  will  readily  discern  are  not  communicated 
in  order  to  be  urged  at  all  events,  and  as  they  here  stand  in  support 


APPENDIX.  519 

of  the  claims  to  which  they  relate.  They  are  intended  for  your  pri 
vate  information  and  use,  and  are  to  be  urged  so  far,  and  in  such 
forms  only,  as  will  best  suit  the  temper  and  sentiments  of  the  court  at 
which  you  reside,  and  best  fulfil  the  objects  of  them. 


NO.  10. 

Memorial  of  the  French  Minister  to  Congress,  concerning  the  offered  me 
diation  of  the  Empress  of  Russia  and  the  Emperor  of  Germany. 

Philadelphia,  May  26, 1731. 

The  underwritten  minister  plenipotentiary  of  France  has  receiv 
ed  orders  to  communicate  to  congress  some  important  details  touch 
ing  the  present  situation  of  sundry  affairs  in  which  the  United  States 
are  immediately  interested.  The  most  essential  respects  some  over 
tures  which  announce,  on  the  part  of  Great  Britain,  a  desire  of 
peace.  The  empress  of  Russia  having  invited  the  king  and  the  court 
of  London  to  take  her  for  mediatrix,  the  latter  court  considered  this 
as  a  formal  offer  of  mediation,  and  accepted  it.  It  appeared  at  the 
same  time  to  desire  the  emperor  to  take  part  therein ;  and  this  mon 
arch  has  in  fact  proposed  his  co-mediation  to  the  belligerent  powers 
in  Europe.  The  king  could  not  but  congratulate  himself  on  seeing 
so  important  a  negociation  in  the  hands  of  two  mediators  whose  under 
standing  and  justice  are  equal.  Nevertheless,  his  majesty  actuated 
by  his  affection  for  the  United  States,  returned  for  answer,  that  it 
was  not  in  his  power  to  accept  the  offers  made  to  him,  and  that  the 
consent  of  his  allies  was  necessary.  The  king  wishes  to  have  this 
consent  before  he  formally  accepts  the  proposed  mediation.  But  it  is 
possible  that  circumstances  joined  to  the  confidence  he  has  in  the 
mediators,  and  the  justice  of  his  cause,  and  that  of  the  United  States 
his  allies,  may  determine  him  to  enter  upon  a  negociation  before  the 
answer  of  congress  can  reach  him.  But  in  either  case,  it  is  of  great 
importance  that  this  assembly  should  give  their  plenipotentiary  in 
structions  proper  to  announce  their  disposition  to  peace,  and  their 
moderation,  and  to  convince  the  powers  of  Europe  that  the  indepen 
dence  of  the  thirteen  United  States,  and  the  engagements  they  have 
contracted  with  the  king,  are  the  sole  motives  which  determine  them 
to  continue  the  war ;  and  that  whenever  they  shall  have  full  and  sat 
isfactory  assurances  on  these  two  capital  points,  they  will  be  ready  to 
conclude  a  peace.  The  manner  of  conducting  the  negociation,  the 
extent  of  the  powers  of  the  American  plenipotentiary,  the  use  to  be 
made  of  them,  and  the  confidence  that  ought  to  be  reposed  in  the 
French  plenipotentiaries  and  the  king's  ministers,  are  points  which 
should  be  fully  discussed  with  a  committee.  And  the  underwritten 
minister  entreats  that  congress  would  be  pleased  to  name  a  commit 
tee,  with  whom  he  will  have  the  honor  to  treat.  He  thinks  that  this 
assembly  will  be  sensible  that  the  king  could  not  give  a  greater  mark 
of  his  affection  for  the  thirteen  United  States,  or  of  his  attachment  to 


520  APPENDIX. 

the  principles  of  the  alliance,  than  by  determining  not  to  enter  upon 
a  negociation  before  they  were  ready  to  take  part  therein,  although, 
in  other  respects,  his  confidence  in  the  mediators,  and  the  relation 
he  stands  in  to  one  of  them,  were  sufficient  motives  to  induce  him  to 
accept  their  offers.  Congress  are  too  sensible  of  the  uncertainty  of 
negociations  of  this  sort  not  to  know,  that  the  moment  of  opening 
them  is  that  precisely  when  the  efforts  against  the  enemy  ought  to  be 
redoubled ;  and  that  nothing  can  facilitate  the  operation  of  the  nego- 
ciators  so  much  as  the  success  of  the  arms  of  the  allies  ;  that  a  check 
would  be  productive  of  disagreeable  consequences  to  both,  and  that 
would  rise  in  their  pretensions,  their  haughtiness  and  obstinacy,  in 
proportion  to  the  languor  and  slackness  of  the  confederates. 

The  undersigned  will  have  the  honor  to  communicate  to  the  com 
mittee  some  circumstances  relative  to  the  sending  Mr.  Cumberland  to 
Madrid ;  to  the  use  which  Mr.  Adams  thought  he  was  authorized  to 
make  of  his  plenipotentiary  powers;  to  the  mission  of  Mr.  Dana;  to 
the  association  of  the  neutral  powers,  and  to  the  present  state  of  affairs 
in  the  south.  Congress  will  find  new  motives  for  relying  on  the  good 
will  of  the  king,  and  on  the  interest  he  takes  in  favor  of  the  United 
States  in  general,  and  of  each  one  of  them  in  particular. 


NO.  11. 

Report  of  a  committee  appointed  by  congress  to  confer  with  the  French 
minister,  on  the  subject  of  the  mediation  offered  by  the  Empress  of 
Russia,  and  the  Emperor  of  Germany,  &c.  made  in  May,  1781. 

That  the  minister  communicated  some  parts  of  a  despatch  which 
he  had  received  from  the  count  de  Vergennes,  dated  the  9th  of 
March,  1781. 

That  the  resolves  of  congress  which  had  been  adopted  on  the  as 
sociations  of  the  neutral  powers^  were  found  very  wise  by  the  coun 
cil  of  the  king ;  and  that  it  was  thought  they  might  be  of  service  in 
the  course  of  the  negociation.  The  French  ministry  did  not  doubt 
but  they  would  be  very  agreeable  to  the  empress  of  Russia.  But 
they  were  not  of  the  same  opinion  with  respect  to  the  appointment 
of  Mr.  Dana,  as  a  minister  to  the  court  of  Petersburg.  The  rea 
son  is  that  Catharine  the  second  has  made  it  a  point,  until  now,  to  pro 
fess  the  greatest  impartiality  between  the  belligerent  powers.  The 
conduct  she  pursues  on  this  occasion,  is  a  consequence  of  the  expec 
tation  she  has  that  peace  may  be  re-established  by  her  mediation; 
therefore  she  could  by  no  means  take  any  step  which  might  show  on 
her  side  the  least  propension  in  favor  of  the  Americans,  and  expose 
her  to  the  suspicion  of  partiality  towards  America,  and  of  course  ex 
clude  her  from  the  mediation.  The  appointment  of  Mr.  Dana,  there 
fore,  appears  to  be  at  least,  premature  ;  and  the  opinion  of  the  coun 
cil  is,  that  this  deputy  ought  not  to  make  any  use  of  his  powers  at  this 
moment.  The  case  he  applies  to  the  count  de  Vergennes  for  advice, 


APPENDIX.  521 

he  shall  be  desired  to  delay  making  any  use  of  his  powers.  The 
count  observes,  it  would  be  disagreeable  to  congress  that  their  pleni 
potentiary  should  meet  with  a  refusal,  that  their  dignity  would  be 
offended,  and  that  such  a  satisfaction  ought  not  to  be  given  to  the 
"court  of  London,  especially  when  negociations  of  a  greater  moment, 
are  about  to  commence.  However,  the  French  minister  had  orders 
to  assure  the  committee  that  his  court  would  use  all  their  endeavours 
in  proper  time  to  facilitate  the  admission  of  the  plenipotentiary  of 
congress. 

The  minister  communicated  to  the  committee  several  observations 
respecting  the  conduct  of  Mr.  Adams;  and  in  doing  justice  to  his  pat 
riotic  character,  he  gave  notice  to  the  committee  of  several  circum 
stances  which  proved  it  necessary  that  congress  should  draw  a  line  of 
conduct  to  that  minister,   of  which  he  might  not  be  allowed  to  loose 
sight.     The    minister  dwelt   especially   on    a  circumstance    already 
known  to  congress,    namely  the  use  which   Mr.    Adams  thought  he 
had  a  right  to  make  of  his  powers,  to  treat  with  Great  Britain.     The 
minister  concluded   on    this  subject,   that   if  congress  put  any  confi 
dence  in  the  king's  friendship   and  benevolence ;  if  they  were  per 
suaded  of  his  inviolable  attachment  to  the  principle  of  the  alliance,  and 
of  his  firm  resolution  constantly  to  support  the  cause  of  the  United 
States,  they-would  be  impressed  with  the  necessity  of  prescribing  to 
their  plenipotentiary  a  perfect  and  open   confidence    in  the   French 
ministers,  and  a  thorough  reliance  on  the  king,  and  would  direct  him 
to  take  no  steps,    without  the  approbation  of  his  majesty  ;  and  after 
giving  him,  in  his  instructions,  the  principal  and  most  important  out 
lines  for  his  conduct,  they  would  order  him,  with  respect  to  the  man 
ner  of  carrying  them  into  execution,  to  receive  his  direction  from  the 
count  de  Vergennes,  or  from  the  person  who  might  be  charged  with 
the  negociation  in  the  name  of  the  king.     The  minister  observed  that 
this  matter  is  the  more  important,  because,  being  allied  with  the  Uni 
ted  States,  it  is  the  business  of  the  king  to  support  their  cause  with 
those  powers  with   whom  congress  has  no  connection,   and  can  have 
none,   until  their  independence  is  in  a  fair  train  to  be  acknowledged. 
That  the  king  would  make  it  a  point  of  prudence  and  justice  to  sup 
port  the   minister  of  Congress ;  but  in  case   the  minister,  by  aiming 
at  impossible  things,  forming  exorbitant  demands,  which  disinteres 
ted  mediators  might  think  ill  founded,   or  perhaps  by  misconstruing 
his  instructious,  should  put  the  French  negociators  under  the  necessity 
of  proceeding  in  the   course  of  the  negociation  without  a  constant 
connection  with  him,   this  would  give  rise  to  an  unbecoming  contra 
diction  between  France  and  the  thirteen  United  States,  which  could 
not  but  be  of  very  bad  effect  in  the  course  of  the  negociations. 

In  making  these  observations,  the  minister  remarked,  that  it  was 
always  to  be  taken  for  granted,  that  the  most  perfect  independency 
is  to  be  the  foundation  of  the  instructions,  to  be  given  to  Mr.  Adams, 
and  that  without  this,  there  would  be  no  treaty  at  all.  The  count  de 
Vergennes  observes  that  it  is  of  great  importance  that  the  instruc- 
VOL.  II.  68 


522  APPENDIX. 

tions  aforesaid  be  given  as  soon  as  possible  to  Mr.  Adams.  And  the 
minister  desired  the  committee  to  press  congress  to  have  this  done 
with  all  possible  despatch.  He  communicated  to  the  committee  the 
following-  particulars,  as  a  proof  that  this  matter  admits  of  no  delay, 
and  that  it  is  probable  the  negociation  will  very  soon  be  opened.  He 
told  the  committee  that  the  English  ministry,  in  the  false  supposition 
that  they  might  prevail  on  the  court  of  Madrid  to  sign  a  separate 
peace,  had  begun  a  secret  negociatiori  with  that  court,  by  the  means 
of  Mr.  Cumberland,  but  without  any  success.  That  the  court  of 
Spain  had  constantly  founded  her  answer  on  her  engagements  with 
his  most  Christian  majesty.  That  on  the  other  side,  the  king  of 
France  had  declared  to  the  king  his  cousin,  that  the  independence  of 
the  United  States,  either  in  fact,  or  acknowledged  by  a  solemn  treaty, 
should  be  the  only  foundation  of  the  negocia  tions  of  the  court  of  France 
with  that  of  London.  That  the  British  court  not  seeming  to  be  dis 
posed  to  grant  the  independency,  it  appeared  the  negociation  of  Mr. 
Cumberland  was  superfluous.  However,  this  English  emissary  con 
tinued  and  still  continues  his  residence  at  Madrid,  although  he  cannot 
have  any  expectation  of  obtaining  the  object  of  his  commission. 
That  this  direct  negociation,  was  known  to  all  Europe ;  and  that  it 
seemed  to  render  every  mediation  useless.  That,  however,  the  em 
press  of  Russia,  excited  by  motives  of  friendship,  to  the  belligerent 
powers,  and  in  consequence  of  the  share  which  the  association  of 
the  neutral  powers  had  given  her  in  the  general  emergency,  has  invi 
ted  the  king  of  France  and  the  court  of  London,  to  require  her  media 
tion.  That  the  court  of  London  has  accepted  the  invitation  with  a 
kind  of  eagerness,  and  at  the  same  time  desired  the  emperor  of  Ger 
many  to  take  a  part  in  it.  That  the  answer  of  the  king  of  France  to 
the  overtures  of  the  court  of  Petersburg  was,  that  he  would  be  glad 
to  restore  peace  by  the  mediation  of  Catharine,  but  that  it  was  not 
in  his  power  immediately  to  accept  her  offers,  as  he  had  allies  whose, 
consent  was  necessary  for  that  purpose.  To  the  same  application 
made  by  the  court  of  Petersburg  to  that  of  Madrid,  this  court  an 
swered,  that  having  entered  into  a  direct  negociation  with  the  court 
of  London,  by  the  means  of  Mr.  Cumberland,  it  thought  proper  to 
wait  the  issue  of  it  before  it  had  recourse  to  a  mediation.-  The  em 
peror,  as  has  already  been  observed,  having  been  desired  by  the  court 
of  London  to  take  part  in  the  mediation,  immediately  informed  the 
king  of  France,  as  well  as  his  catholic  majesty,  of  this  circumstance, 
offering  his  co-mediation  to  both  the  allied  monarchs.  To  this  the 
king  of  France  gave  the  same  answer  which  he  had  given  to  the  em 
press  of  Russia.  As  to  the  king  of  Spain,  he  again  expressed  his  sur 
prise  at  the  English  ministry's  requesting  a  mediation,  after  having  en 
tered  into  a  direct  negociation ;  and  he  declared  that  unless  this  ne 
gotiation  should  be  broken  off  by  the  English  themselves,  it  would 
be  impossible  for  him  to  listen  to  a  mediation  which,  in  any  other  cir 
cumstance,  would  be  infinitely  agreeable  to  him, 


APPENDIX.  523 

The£e  answers,  though  of  a  dilatory  nature,  may  be  looked  upon 
as  an  eventual  acceptation  of  the  mediation.  The  minister  observed 
that  it  will  be,  in  effect,  difficult  to  avoid  it.  That  a  refusal  will  not 
be  consistent  with  the  dignity  of  the  two  powers  that  had  offered  their 
interposition.  That  the  king  is  obliged,  from  friendship  and  good 
policy,  to  treat  them  with  attention.  He  further  observed,  that  the 
demands  of  the  king  of  France  will  be  so  just  and  so  moderate,  that 
they  might  be  proposed  to  any  tribunal  whatever.  That  the  only 
reason  the  king  could  have  to  suspend  a  formal  acceptation  is,  that  at 
the  time  the  offer  was  made,  he  was  not  acquainted  with  the  inten 
tions  of  his  allies,  namely,  Spain  and  the  United  States. 

The  minister  observed  to  the  committee,  that,  in  his  opinion,  this 
conduct  must  afford  congress  a  new  proof  of  the  perseverance  of  the 
king  in  the  principle  of  the  alliance,  and  of  his  scrupulous  attention 
to  observe  his  obligations  ;  he  added  that,  however,  it  is  not  without  in- 
conveniency  that  this  dilatory  plan  has  been  adopted.  The  distance 
between  the  allied  powers  of  France  and  the  United  States  has  obli 
ged  the  court  of  Versalles  to  adopt  that  plan,  though  liable  to  incon 
veniences,  in  order  to  conform  to  the  engagements  made  by  the  trea 
ties  to  determine  nothing  into  a  negociation  without  the  participation 
of  congress.  Besides,  several  states  being  invaded  by  the  enemy,  the 
French  council  thought  it  inconvenient  to  begin  a  negociation  under 
these  unfavorable  circumstances.  And  being  in  hopes  that  the  di 
versions  made  by  the  king's  arms  will  prevent  the  British  from  making 
very  great  exertions  against  the  thirteen  United  States,  the  French 
minister  expected  that  during  the  course  of  the  present  campaign 
they  might  be  enabled  to  present  the  situation  of  their  allies  in  a 
more  favorable  light  to  the  congress  that  might  assemble  for  peace. 
These  delays,  however,  cannot  with  propriety  take  place  for  any  long 
time ;  and  it  was  the  opinion  of  the  French  ministry  that  it  would  be 
contrary  to  decency,  prudence,  and  the  laws  of  sound  policy  again  to 
refuse  listening  to  the  propositions  of  peace  made  by  friendly  powers ; 
for  which  reason  the  chevalier  de  la  Luzerne  was  directed  to  lay  all 
these  facts  confidentially  before  congress.  The  minister  informed 
the  committee  that  it  was  necessary  that  the  king  should  know  the 
intentions  of  the  United  States  with  regard  to  the  proposed  media 
tion;  and  that  his  majesty  should  be  authorized  by  congress  to  give 
notice  of  their  dispositions  to  all  the  powers  who  would  take  part  in 
the  negociation  for  a  pacification.  The  minister  delivered  his  own 
opinion,  that  he  saw  no  inconveniency  arising  from  the  congress  imi 
tating  the  example  of  the  king,  by  showing  themselves  disposed  to 
accept  peace  from  the  hands  of  the  emperor  of  Germany  and  the  em 
press  of  Russia.  He  added,  that  congress  should  rely  on  the  justice 
and  wisdom  of  those  two  sovereigns ;  and  at  the  same  time,  he  renew 
ed  the  assurances  that  his  majesty  will  defend  the  cause  of  the  United 
States  as  zealously  as  the  interests  of  his  own  crown.  He  informed 
the  committee  that,  according  to  all  accounts,  the  British  ministry 
were  removing  as  far  as  possible,  in  this  negociation,  every  idea  of 


524  APPENDIX. 

acknowledging  the  independence  of  what  they  call  their  thirteen  col 
onies;  and  he  said  that  congress  would  judge  by  themselves  that  the 
court  of  London  would  debate  with  the  greatest  energy  and  obstinacy, 
the  articles  relating  to  America,  He  availed  himself  of  this  reflec 
tion  to  impress  the  committee  with  the  necessity  congress  are  under 
of  securing  in  their  favor  the  benevolence  and  good  will  of  the  medi 
ating  powers,  by  presenting  their  demands  with  the  greatest  modera 
tion  and  reserve,  save  independence,  which  will  not  admit  of  any 
modification.  He  further  observed,  that  it  was  possible  the  difficulty 
of  making  a  definitive  peace  might  engage  the  mediators  to  propose 
a  truce  ;  and  that  it  was  necessary  therefore  to  authorize  eventually 
the  plenipotentiary  of  the  United  States  to  declare  their  intention 
thereon. 

He  further  observed  that  whatever  might  be  the  resolution  of  con 
gress,  they  would  do  well  to  recommend  to  their  plenipotentiary  to 
adopt  aline  of  conduct  that  would  deprive  the  British  of  every  hope 
of  causing  divisions  between  the  allies,  and  to  assume  a  conciliating 
character  as  much  as  can  be  consistent  with  the  dignity  of  his  con 
stituents,  and  to  show  such  a  confidence  in  the  plenipotentiary  of  his 
most  Christian  majesty  as  is  due  to  a  power  so  much  interested  to 
support  the  dignity  and  honor  of  a  nation  whose  independence  they 
have  acknowledged. 

The  minister  toid  the  committee  that  whatever  might  be  the  reso 
lution  of  congress  respecting  a  peace  or  a  truce,  it  was  necessary  to 
carry  on  the  war  with  the  utmost  vigor.  He  urged  reasons  too  well 
known  to  congress  to  he  related. 

He  desired  the  committee  to  inform  congress,  that  in  case  the  offer 
of  mediation  from  the  two  imperial  courts  should  become  so  serious  and 
so  pressing  as  to  oblige  the  king  to  give  a  decisive  answer,  his  majes 
ty  would  accept  of  it  conditionally  for  himself  and  the  United  States. 
The  taking  this  resolution  would  have  no  inconvenience,  as  the  court 
of  France  knew  no  reasons  which  could  prevent  them  from  following 
the  example  of  the  king  by  trusting  their  interests  into  the  hands  of 
just  and  wise  mediators,  and  the  refusal  being  liable  to  very  danger 
ous  concequences.  The  minister  concluded  the  conference  by  ob 
serving,  that  a  great  object  was  to  secure  the  United  States  from  the 
proposition  of  uti  possidetis  :  that  the  surest  way  to  obtain  that  end 
was  to  reduce  the  English  to  confess  that  they  are  not  able  to  conquer 
them.  That  present  circumstances  require  great  exertions  from  the 
consideration ;  and  that  it  was  plain  that  every  success  gained  by  the 
army  of  congress  would  infinitely  facilitate  the  negociations  of  their 
plenipotentiaries. 


APPENDIX.  525 

» 

NO.  12. 

A  FRAGMENT  OF  POLYBIUS. 
From  his  treatise  on  the  Athenian  government. 

This  was  presented  by  Sir  William  Jones,  to  Dr.  Franklin  at  Paris, 
about  the  last  of  June,  1782.  It  was,  no  doubt,  drawn  by  him,  and  was 
supposed  to  be  an  indirect  mode  of  sounding  Dr.  Franklin,  as  to  terms 
of  accommodation  with  Great  Britain,  short  of  an  express  and  open 
acknowledgment  of  the  independence  of  the  United  States. 

Athens  had  long  been  an  object  of  universal  admiration,  and  conse 
quently  of  envy  ;  her  navy  was  invincible,  her  commerce  extensive  ; 
Europe  and  Asia  supplied  her  with  wealth  ;  of  her  citizens,  all  were, 
intrepid,  many  virtuous  ;  but  some  too  much  infected  with  principles 
unfavorable  to  freedom.  Hence  an  oligarchy  was,  in  a  great  measure 
established ;  crooked  counsels  were  thought  supreme  wisdom  ;  and  the 
Athenians,  having  lost  their  true  relish  for  their  own  freedom,  began, 
to  attack  that  of  their  colonies,  and  of  the  states  which  they  had  be 
fore  protected !  Their  arrogant  claims  of  unlimited  dominion,  had 
compelled  the  Chians,  Coans,  Rhodians,  Lesbians,  to  join  with  nine 
other  small  communities  in  the  social  war,  which  they  began  with  in 
conceivable  ardor,  and  continued  with  industry  surpassing  all  exam 
ple,  and  almost  surpassing  belief.  They  were  openly  assisted  by  Mau- 
solus,  king  of  Caria,  to  whose  metropolis  the  united  islands  had  sent  a 
philosopher,  named  Eleutherion,  eminent  for  the  deepest  knowledge 
of  nature,  the  most  solid  judgment,  most  approved  virtue,  and  most 
ardent  zeal  for  the  cause  of  general  liberty.  The  war  had  been  sup 
ported  for  three  years  with  infinite  exertions  of  valor  on  both  sides, 
with  deliberate  firmness  on  the  part  of  the  allies,  and  with  unabated 
violence  on  the  part  of  the  Athenians ;  who  had,  nevertheless,  dis 
patched  commissioners  to  Rhodes,  with  intent  to  propose  terms  of  ac 
commodation  ;  but  the  states,  (perhaps  too  pertinaciously,)  refused  to 
hear  any  proposal  whatever,  without  a  previous  recognition  of  their 
total  independence  by  the  magistrates  and  people  of  Athens.  It  was 
not  long  after  this,  that  an  Athenian,  who  had  been  a  pupil  of  Isaeus  to 
gether  with  Demosthenes,  and  began  to  be  known  in  his  country  as  a. 
pleader  of  causes,  was  led  by  some  affair  of  his  clients  to  the  capita!  of 
Caria.  He  was  a  man,  unauthorized,  unemployed,  unconnected ;  in 
dependent  in  his  circumstances  as  much  as  in  his  principles  :  admit 
ting  no  governor,  under  Providence,  but  the  laws ;  and  no  laws  but 
those  which  justice  and  virtue  had  dictated,  which  wisdom  approved, 
which  his  country  had  freely  enacted.  He  had  been  known  at  Athens 
to  the  sage  Eleutherion  ;  and,  their  acquaintance  being  renewed,  he 
sometimes  took  occasion  in  their  conversations  to  lament  the  increas 
ing  calamities  of  war,  and  to  express  his  eager  desire  of  making  a 
general  peace  on  such  terms  as  would  produce  the  greatest  good  from 
ilie  greatest  evil ;  for  "  this,"  said  he,  u  would  be  a  work  not  unworthy 


526  APPENDIX. 

• 

of  the  divine  attributes,  and  if  mortals  could  effect  it,  they  would  act 
like  those  beneficent  beings,  whom  Socrates  believed  to  be  the  con 
stant  friends  and  attendants  of  our  species." 

He  added,  "  As  to  the  united  nations,  I  applaud,  admire,  and  almost 
envy  them  ;  I  am  even  tempted  to  wish  that  I  had  been  born  a  Chiant 
or  a  Rhodian  ;  but  let  them  be  satisfied  with  the  prize  of  virtue  which 
they  have  already  obtained.  I  will  yield  to  none  of  your  countrymen, 
my  friend,  in  my  love  of  liberty  ;  but  she  seems  more  lovely  to  my 
eyes,  when  she  comes  hand  in  hand  with  peace.  From  that  union  we 
can  expect  nothing  but  the  highest  happiness  of  which  our  nature  is 
capable  ;  and  it  is  an  union,  which  nothing  now  obstructs  but — a  mere 
word. 

"  Let  the  confederates  be  contented  with  the  substance  of  that  inde 
pendence  which  they  have  asserted,  and  the  word  will  necessarily 
follow. 

"  Let  them  not  hurt  the  natural,  and,  perhaps,  not  reprehensible, 
pride  of  Athens,  nor  demand  any  concession,  that  may  sink  in  the  eyes 
of  Greece,  a  nation  to  whom  they  are  and  must  be  united  in  language, 
in  blood,  in  manners,  in  interest,  in  principles.  Glory  is  to  a  nation, 
what  reputation  is  to  an  individual ;  it  is  not  an  empty  sound  :  but  im 
portant  and  essential.  It  will  be  glorious  in  Athens  to  acknowledge 
her  error  in  attempting  to  reduce  the  islands,  but  an  acknowledg 
ment  of  her  inability  to  reduce  them,  (if  she  be  unable,)  will  be  too  pub 
lic  a  confession  of  weakness,  and  her  rank  among  the  states  of  Greece 
will  instantly  be  lowered. 

"  But,  whatever^!  might  advise,  if  my  advice  had  any  chance  of  be 
ing  taken,  this  /  know,  and  positively  pronounce,  that  while  Athens  is 
Athens,  her  proud  but  brave  citizens  will  never  expressly  recognize 
the  independence  of  the  islands  :  their  resources  are  no  doubt  ex 
haustible,  but  will  not  be  exhausted  in  the  lives  of  us  and  of  our  chil 
dren.  In  this  resolution  all  parties  agree  :  I,  who  am  of  no  party, 
dissent  from  them  ;  but  what  is  a  single  voice  in  so  vast  a  multitude  ? 
Yet  the  independence  of  the  United  States  was  tacitly  acknowledged 
by  the  very  offer  of  terms,  and  it  would  result  in  silence  from  the  nat 
ural  operation  of  the  treaty.  An  express  acknowledgment  of  it  is 
merely  formal  with  respect  to  the  allies;  but  the  prejudices  of  man 
kind  have  made  it  substantial  with  respect  to  Athens. 

"  Let  this  obstacle  be  removed  :  it  is  slight,  but  fatal ;  and,  whilst  it 
lasts,  thousands  and  ten  thousands  will  perish.  In  war  much  will  al 
ways  depend  upon  blind  chance,  and  a  storm  or  sudden  fall  of  snow 
may  frustrate  all  your  efforts  for  liberty ;  but  let  commissioners  from 
both  sides  meet,  and  the  islanders,  by  not  insisting  on  a  preliminary 
recognition  of  independence,  will  ultimately  establish  it  forever. 

u  But  independence  is  not  disunion.  Chios,  Cos,  Lesbos,  Rhodes,  are, 
united,  but  independent  on  each  other :  they  are  connected  by  a  com 
mon  tie,  but  have  different  forms  and  different  constitutions.  They 
are  gems  of  various  colors  and  various  properties,  strung  in  one  brace 
let.  Such  an  union  can  only  be  made  between  states,  which,  how 


APPENDIX.  527 

widely  soever  they  differ  in  form,  agree  in  one  common  property, 
freedom.  Republics  may  form  alliances,  but  not  a  federal  union,  with 
arbitrary  monarchies.  Were  Athens  governed  by  the  will  of  a  mon 
arch,  she  could  never  be  co-ordinate  with  the  free  islands  ;  for  such 
an  union  would  not  be  dissimilarity  but  dissonance :  but  she  is  and 
shall  be  ruled  by  laws  alone,  that  is,  by  the  will  of  the  people,  which  is 
the  only  law.  Her  Archon,  even  when  he  was  perpetual,  had  no  es 
sential  properties  of  monarchy.  The  constitution  of  Athens,  if  we 
must  define  it,  was  then  a  republic  with  a  perpetual  administrator  of  its 
laws.  Between  Athens,  therefore,  and  the  freest  states  in  the  world, 
an  union  may  naturally  be  formed. 

"  There  is  a  natural  union  between  her  and  the  islands,  which  the 
gods  have  made,  and  which  the  powers  of  hell  cannot  dissolve.  Men, 
speaking  the  same  idiom,  educated  in  the  same  manner,  perhaps,  in 
the  same  place  ;  professing  the  same  principles  ;  sprung  from  the 
same  ancestors,  in  no  very  remote  degree  ;  and  related  to  each  other 
in  a  thousand  modes  of  consanguinity,  affinity,  and  friendship,  such 
men,  (whatever  they  may  say  through  a  temporary  resentment,)  can 
never  in  their  hearts  consider  one  another  as  aliens. 

"  Let  them  meet  then  with  fraternal  and  pacific  dispositions,  and 
let  this  be  the  general  ground-work  and  plan  of  the  treaty. 

1.  ''The  Carians  shall  be  included  in  the   pacification,  and   have 
such  advantages  as  will  induce  them  to   consent  to  the  treaty  rather 
than  continue  a  hazardous  war. 

2.  "  The   archon,  senate,  and   magistrates  of  Athens  shall  make  a. 
complete  recognition  of  rights  of  all  the  Athenian  citizens  of  all  orders 
whatever,  and  all  former  laws  for  that  purpose  shall  be  combined  in 
one.     There  shall  not  be  one  slave  in  Attica. 

NOTE.  "  [By  making  this  a  preliminary,  the  islanders  will  show 
their  affection  for  the  people  of  Athens  ;  their  friendship  will  be  ce 
mented  and  fixed  on  a  solid  basis  ;  and  the  greatest  good  will  be  extract 
ed,  as  I  at  first  proposed,  from  the  greatest  evil.'] 

3.  "There  shall  be  a  perfect  co-ordination  between  Athens  and  the 
thirteen  united  islands,   they  considering  her  not  as  a  parent,   whom 
they  must  obey,  but  as  an  elder  sister,  whom  they  cannot  help  loving, 
and  to  whom  they  shall  give  pre-eminence  of  honor  and  co-equality  of 
power. 

4.  "The  new  constitutions  of  the  confederate  islands  shall  remain. 

5.  "  On  every  occasion  requiring  acts  for  the  general  good,   there 
shall  be  an  assembly  of  deputies  from  the   senate   of  Athens  and"  the 
congress  of  the  islands,  who  shall  fairly  adjust  the  whole  business,  and 
settle  the  ratio  of  the  contributions  on  both  sides.     This  committee 
shall  consist  of  fifty  islanders  and  fifty  Athenians,  or  of  a  smaller  num 
ber  chosen  by  them. 

6.  "  If  it  be  thought  necessary  and  found  convenient,  a  proportiona 
ble  number  of  Athenian  citizens  shall  have  seats,  and  power  of  debat 
ing  and  voting  on  questions  of  common  concern,  in  the  great  assembly 


528  APPENDIX. 

of  the  islands,  and  a  proportionable  number  of  islanders  shall  sit  with 
the  like  power  in  the  assembly  at  Athens. 

]VOTE.  "  [This  reciprocal  representation  will  cement  the  union.] 

7.  "  There  shall  be  no  obligation  to  make  war  but  for  the  common 
interest. 

8.  "  Commerce  shall  flow  in  a  free  course,  for  the  gen  eral  ad  vantage 
of  the  united  powers. 

9.  "An   universal  unlimited  amnesty  shall  be   proclaimed  in  every 
part  of  Greece  and  Asia. 

"  This,"  said  the  Athenian,  "  is  the  rough  sketch  of  a  treaty  founded 
on  virtue  and  liberty.  The  idea  of  it  still  fills  and  expands  my  soul  ; 
and  if  it  cannot  be  realized,  I  shall  not  think  it  less  glorious,  but  shall 
only  grieve  more  and  more  at  the  perverseness  of  mankind.  May 
the  eternal  Being,  whom  the  wise  and  the  virtuous  adore,  and  whose 
attribute  it  is  to  convert  into  good,  that  evil  which  his  unsearchable 
wisdom  permits,  inspire  all  ranks  of  men  to  promote  either  this  or  a 
similar  plan!  If  this  he  impracticable,  O  miserable  human  nature  ! 
But  I  am  fully  confident  that,  if  *  *  *  more  at  large  *  *  happiness 

of  all." 

****** 

INTo  more  is  extant  of  this  interesting  piece,  upon  which  the  com 
mentary  of  the  sage  Polybius  would  have  been  particularly  valuable 
in  these  times. 


NO.  13. 

Letter  of  Barbe  de  Marbois,  charge  d* affairs  in  America  to  count  de 
Vergennes,  'which  was  intercepted  and  placed  in  the  hands  of  the  Amer 
ican  negociators  at  Paris,  in  September,  1782. 

Philadelphia,  March  13,  1782. 

Sir, — South  Carolina  again  enjoys  the  benefit  of  a  legislative  body, 
after  having  been  deprived  of  it  for  two  years  ;  it  was  summoned  to 
gether  towards  the  latter  end  of  last  January,  at  Jacksonburg,  only 
ten  leagues  distant  from  Charleston;  where  deliberations  are  carried 
on  with  as  much  tranquility  as  if  the  state  was  in  profound  peace. 
Mr.  Rutledge,  who  was  the  governor,  opened  the  meeting  with  a 
speech  greatly  applauded,  wherein  he  represents  in  their  full  extent, 
the  important  services  rendered  by  the  king  to  the  United  States, 
expressing  their  just  acknowledgment  for  the  same.  This  sentiment 
prevails  much,  sir ;  the  different  states  are  eager  to  declare  it,  in 
their  public  acts,  and  the  principal  members  of  government,  and  the 
writers  employed  by  them,  woul^  forfeit  their  popularity  were  they 
to  admit  any  equivocal  remarks  respecting  the  alliance.  General 
Greene  affirms  that  in  no  one  state  is  attachment  to  independence  car 
ried  to  a  higher  pitch ;  but  that  this  affection  is  yet  exceeded  by  the 
hatred  borne  to  England.  The  assembly  of  Carolina  is  going  to 
make  levies  %f  men,  and  has  imposed  pretty  large  sums ;  as  there  is 


APPENDIX.  529 

but  little  money  in  the  country,  the  taxes  will  be  gathered  in  indigo, 
and  what  deficiency  may  then  be  found,  will  be  supplied  by  the  sale 
of  lands  of  such  Carolinians  as  joined  the  enemy  while  they  were  in 
possession  of  the  country.  South  Carolina  was  the  only  state  that  had 
not  confiscated  the  property  of  the  disaffected.  The  step  just  taken 
puts  her  on  a  footing  with  the  other  states  in  the  union.  The  assem 
bly  of  this  state  has  passed  a  resolution,  in  consequence  of  which  a 
purchase  of  land  is  to  be  made  of  the  value  of  two  hundred  and  forty 
thousand  livres  tournois,  which  Carolina  makes  a  present  to  general 
Greene  as  the  saviour  of  that  province. 

Mr.  Matthews,  a  delegate  from  congress,  lately  arrived  in  Carolina, 
has,  it  is  said,  been  chosen  governor  in  the  room  of  Mr.  Rutledge  ;  he 
has  communicated  to  persons  of  the  most  influence  in  his  state,  the 
ultimatum  of  the  month  of  *  *  last,  who  approved  of  the  clauses 
in  general,  and  particularly  that  one  which  leaves  the  king  master  of 
the  terms  of  the  treaty  of  peace  or  truce,  excepting  independence, 
and  treaties  of  alliance.  A  delegate  from  South  Carolina  told  me, 
that  this  ultimatum  was  equally  well  known  by  persons  of  note  in  this 
state,  and  this  had  given  entire  satisfaction  there  ;  it  is  the  same  with 
regard  to  several  other  states  ;  and  I  believe  I  may  assure  you,  upon 
the  testimony  of  several  delegates,  that  this  measure  is  approved  by 
a  great  majority;  but  Mr,  Samuel  Adams  is  using  all  his  endeavors 
to  raise  in  the  state  of  Massachusetts  a  strong  opposition  to  peace,  if 
the  eastern  states  are  not  thereby  admitted  to  the  fisheries,  and  par 
ticularly  to  tha^,  of  Newfoundland.  Samuel  Adams  delights  in  trouble 
and  difficulty,  and  prides  himself  on  forming  an  opposition  against  the 
government  whereof  he  is  himself  the  president.  His  aim  and  inten 
tions  are  to  render  the  minority  of  consequence,  and  at  this  very  mo 
ment  he  is  attacking  the  constitution  of  Massachusetts,  although  it  is 
in  a  great  measure  his  own  work ;  but  he  had  disliked  it  since  the 
people  had  shown  their  uniform  attachment  to  it. 

It  may  be  expected  that  with  this  disposition,  no  measure  can  meet 
the  approval  of  Mr.  Samuel  Adams,  and  if  the  United  States  should 
agree  relative  to  the  fisheries,  and  be  certain  of  partaking  therein, 
all  his  manoeuvres  and  intrigues  would  be  directed  towards  the  con 
quest  of  Canada  and  Nova  Scotia ;  but  he  could  not  have  used  a  fitter 
engine  than  the  fisheries,  for  stirring  up  the  passions  of  the  eastern 
people.  By  renewing  this  question,  which  had  lain  dormant  during 
his  two  years  absence  from  Boston,  he  has  raised  the  expectation  of 
the  people  of  Massachusetts  to  an  extraordinary  pitch.  The  public 
prints  hold  forth  the  importance  of  the  fisheries;  the  reigning  toast  in 
the  east  is,  may  the  United  States  ever  maintain  their  rights  to  the  fishe 
ries.  It  has  been  often  repeated  in  the  deliberatioas  of  the  general 
court;  no  truce  without  fisheries.  However  clear  this  principle  may 
be  in  this  matter,  it  would  be  needless  and  even  dangerous  to  attempt 
informing  the  people  through  the  public  papers,  but  it  appears  to  me 
possible  to  use  means  for  preventing  the  consequences  of  success  to 
Mr.  S.  Adams  and  his  party ;  and  I  take  the  liberty  of  submitting  these 

VOL,  II.  67 


530  APPENDIX 

to  your  discernment  and  indulgence  ;  one  of  those  means  would  be  for 
the  king  to  cause  it  to  be  intimated  to  congress  or  to  the  ministers, 
"  his  surprise  that  the  Newfoundland  iisheries  have  been  included  in 
the  additional  instructions ;  that  the  United  States  set  forth  therein 
pretensions  without  paying  regard  to  the  king's  rights,  and  without  con 
sidering  the  impossibility  they  are  under  of  making  conquests,  and 
keeping  what  belongs  to  Great  Britain." 

His  majesty  might  at  the  same  time  cause  a  promise  to  be  given  to 
congress,  "  of  his  assistance  for  procuring  admission  to  the  other  fish 
eries.,  and  declaring  however  that  he  would  not  be  answerable  for  the 
success,  and  that  he  is  bound  to  nothing  as  the  treaty  makes  no  men 
tion  of  that  article."  This  declaration  being  made  before  the  peace, 
the  hopes  of  the  people  could  not  be  supported,  nor  could  it  one  day 
be  said,  that  we  left  them  in  the  dark  on  this  point.  It  were  even  to 
be  wished  that  this  declaration  should  be  made  whilst  New  York, 
Charleston,  and  Penobscot  are  in  the  enemy's  hands ;  our  allies  will 
be  less  tractable  than  ever  upon  these  points  whenever  they  recover 
these  important  posts.  There  are  some  judicious  persons  to  whom 
one  may  speak  of  giving  up  the  fisheries,  and  the*  of  the 

west,  for  the  sake  of  peace.  But  there  are  enthusiasts  who  fly  out 
at  this  idea,  and  their  numbers  cannot  fail  increasing  when,  after  the 
English  are  expelled  from  this  continent,  the  burthen  of  the  war  will 
scarce  be  felt.  It  is  already  observable  that  the  advocates  for  peace 
are  those  who  lived  in  the  country.  The  inhabitants  of  towns  whom 
commerce  enriches,  mechanics  who  receive  there  a  higher  pay  than, 
before  war,  and  five  or  six  times  more  than  in  Europe,  do  not  wish 
for  it ;  but  it  is  a  happy  circumstance  that  this  division  be  nearly 
equal  in  the  congress  and  among  the  states,  since  our  influence  can 
incline  the  beam  either  for  peace  or  war,  which  ever  way  we  choose. 
Another  means  of  preserving  to  France  so  important  a  branch  of  her 
commerce  and  navigation,  is  that  proposed  to  you,  sir,  by  M  viz, 
the  conquest  of  cape  Breton ;  it  seems  to  me,  as  it  does  to  that  minis 
ter,  the  only  sure  means  of  containing  within  bounds,  when  peace  is 
made,  those  swarms  of  smugglers  who,  without  regard  to  treaties, 
will  turn  all  their  activity,  daring  spirit,  and  means  towards  the  fishe 
ries,  whose  undertakings  congress  will  not,  perhaps,  have  the  power 
or  the  will  to  suppress.  If  it  be  apprehended,  that  the  peace  which 
is  to  put  an  end  to  the  present  war,  will  prove  disagreeable  to  any  oi 
the  United  States,  there  appears  to  me  a  certain  method  of  guarding 
against  the  effects  of  this  discontent,  of  preventing  the  declaration  of 
some  states,  and  other  resources  which  turbulent  minds  might  employ 
for  availing  themselves  of  the  present  juncture.  This  would  be  for 
his  majesty  to  cause  a  memorial  to  be  delivered  to  congress,  wherein 
should  be  stated  the  use  made  by  his  ministers  of  the  powers  entrust 
ed  to  them  by  that  assembly  ;  and  the  impediments  which  may  have 
itood  in  the  way  of  a  fuller  satisfaction  on  every  point.  This  step 

*  Suppose  Lands. 


APPENDIX.  531 

would  certainly  be  pleasing  to  congress ;  and  should  it  become  neces 
sary  to  inform  the  people  of  this  memorial,  it  could  easily  be  done ; 
they  would  be  flattered  by  it,  and  it  might  probably  beget  the  voice 
and  concurrence  of  the  public.  I  submit  these  thoughts  to  you  early, 
and  although  peace  appears  yet  to  be  distant,  sir,  by  reasons  of  de 
lays  and  difficulties  attending  the  communication,  that  period  will  be 
a  crisis  when  the  partizans  of  France  and  England  will  openly  appear, 
and  when  that  power  will  employ  every  means  to  diminish  our  influ 
ence,  and  re-establish  her  own  ;  it  is  true,  the  independent  party  will 
always  stand  in  great  want  of  our  support,  that  the  fears  and  jealous 
ies  which  a  remembrance  of  the  former  government  will  always  pro 
duce,  must  operate  as  the  safeguard  to  our  alliance,  and  as  a  security 
for  the  attachment  of  the  Americans  to  us.  But  it  is  best  to  be  pre 
pared  for  any  discontents,  although  it  should  be  but  temporary.  It  is 
remarked  by  some,  that  as  England  has  other  fisheries  besides  New 
foundland,  she  may  perhaps  endeavor  that  the  Americans  should  par 
take  in  that  of  the  Great  Bank,  in  order  to  conciliate  their  affection,  or 
procure  them  some  compensation,  or  create  a  subject  of  jealousy 
between  them  and  us ;  but  it  does  not  seem  likely  that  she  will  act  so 
contrary  to  their  true  interest,  and  were  she  to  do  so,  it  will  be  for 
the  better  to  have  declared  at  an  early  period  to  the  Americans,  that 
their  pretension  is  not  founded,  and  that  his  majesty  does  not  mean  to 
support  it. 

I  here  inclose,  sir,  translations  of  the  speech  of  the  governor  of 
South  Carolina  to  the  assembly,  and  of  their  answer.  These  interest 
ing  productions  convey  in  a  forcible  manner  the  sentiments  of  the  in 
habitants  of  that  state,  and  appeared  to  me  worth  communicating  to 
you.  I  am,  &c. 

(Signed)  BARBE  DE  MARBOIS. 


NO.  14,  omitted. 

NO.  15. 

Letter  and  representation  of  Congress  to  the  King  of  France,  November 

22d,  1780. 


Great,  Faithful  and  Beloved  Friend  and  Ally,  —  Persuaded  of  your 
majesty's  friendship,  and  of  your  earnest  desire  to  prosecute  the  war 
with  glory  and  advantage  to  the  alliance,  we  ought  not  to  conceal 
from  your  majesty  the  embarrassments  which  have  attended  our  na 
tional  affairs,  and  rendered  the  last  campaign  unsuccessful. 

A  naval  superiority  in  the  American  seas  having  enabled  the  ene 
my,  in  the  midst  of  last  winter,  to  divide  their  army,  and  extend  the 
war  in  the  southern  states,  Charleston  was  subdued  before  a  sufficient 
force  could  be  assembled  for  its  relief. 

With  unabated  ardor,  and  at  a  vast  expense,  we  prepared  for  the 
succeeding  campaign  ;  a  campaign  from  which,  in  a  dependence  on 


532  AfPENDlX. 

the  co-operation  of  the  squadron  and  troops  generously  destined  by 
your  majesty  for  our  assistance,  we  had  formed  the  highest  expecta 
tions.  Again  the  enemy  frustrated  our  measures.  Your  majesty's 
succors  were  confined  within  the  harbor  of  Newport,  while  the  main 
body  of  the  British  army  took  refuge  in  their  fortresses,  and  under 
protection  of  their  marine,  declining  to  hazard  a  battle  in  the  open 
iieid;  and,  regardless  of  their  rank  among  civilized  nations,  they  de 
scended  to  wage  a  predatory  war.  Britons  and  savages  united  in 
sudden  irruptions  on  our  northern  and  western  frontiers,  and  marked 
their  progress  with  blood  and  desolation. 

The  acquisition  of  Charleston,  with  the  advantages  gained  in  Geor 
gia,  and  the  defeat  of  a  small  army  composed  chiefly  of  militia,  which 
had  been  hastily  collected  to  check  their  operations,  encouraged  the 
British  commander  in  that  quarter  to  penetrate  through  South  Caro 
lina  into  the  interior  parts  of  North  Carolina.  And  the  ordinary  ca 
lamities  of  war  were  imbittered  by  implacable  vengeance.  They  did 
toot,  however,  long  enjoy  their  triumph.  Instead  of  being  depressed, 
impending  danger  served  only  to  rouse  our  citizens  to  correspondent 
exertions;  i>nd  by  a  series  of  gallant  and  successful  enterprises  they 
compelled  the  enemy  to  retreat  with  precipitation  and  disgrace. 

They  seem  however  resolved,  by  all  possible  efforts,  not  only  to 
retain  their  posts  in  Georgia  and  South  Carolina,  but  to  renew  their 
attempts  on  North  Carolina.  To  divert  the  reinforcements  destined 
for  those  states,  they  are  now  executing  an  enterprise  against  the  sea- 
coast  of  Virginia  j  and  from  their  preparations  at  New  York,  and  in 
telligence  from  Europe,  it  is  manifest  that  the  four  southern  states 
will  now  become  a  principal  object  of  their  hostilities. 

It  is  the  voice  of  the  ptople,  and  the  resolution  of  congress,  to  pros 
ecute  the  war  with  redoubled  vigor,  and  to  draw  into  the  field  a  per 
manent  and  well  appointed  army  of  thirty  five  thousand  regular 
troops.  By  this  decisive  effort,  we  trust  that  we  shall  be  able,  under 
the  divine  blessing,  so  effectually  to  co-operate  with  your  majesty's 
marine  and  land  forces,  as  to  expel  the  common  enemy  from  our  coun 
try,  and  render  the  great  object  of  the  alliance  perpetual.  But  to 
accomplish  an  enterprise  of  such  magnitude,  and  so  interesting  to  both 
nations,  whatever  may  be  our  spirit  and  our  exertions,  we  know  that 
our  internal  resources  must  prove  incompetent.  The  sincerity  of  this 
declaration  will  be  manifest  from  a  short  review  of  our  circumstances. 

Unpracticed  in  military  arts,  and  unprepared  with  the  means  of  de 
fense,  we  were  suddenly  invaded  by  a  formidable  and  vindictive  na 
tion.  We  supported  the  unequal  conflict  for  years  with  very  little 
foreign  aid  but  what  was  derived  from  your  majesty's  generous  friend 
ship.  Exertions  uncommon,  even  among  the  most  wealthy  and  best 
establishments,  necessarily  exhausted  our  finances,  plunged  us  into 
debt,  and  anticipated  our  taxes ;  while  the  depredations  of  an  active 
enemy  by  sea  and  land  made  deep  impressions  on  our  commerce  and 
our  productions.  Thus  encompassed  with  difficulties,  in  our  repre 
sentation  to  your  majesty  of  June  15,  1779,  we  disclosed  our  wants, 


APPENDIX.  533 

and  requested  your  majesty  to  furnish  us  with  clothing,  arms  and  am 
munition  for  the  last  campaign,  on  the  credit  of  the  United  States. 
We  entertain  a  lively  sense  of  your  majesty's  friendly  disposition  in 
enabling  our  ministers  to  procure  a  part  of  those  supplies,  of  which, 
through  unfortunate  events,  a  very  small  proportion  hath  arrived. 
The  sufferings  of  our  army,  from  this  disappointment,  have  been  so 
severe  that  we  must  rely  on  your  majesty's  attention  to  our  welfare 
for  effectual  assistance.  The  articles  of  the  estimate  transmitted  to 
our  minister  are  essential  to  our  army ;  and  we  flatter  ourselves  that, 
through  your  majesty's  interposition,  they  will  be  supplied. 

At  a  time  when  we  feel  ourselves  strongly  impressed  by  the  weight 
of  past  obligations,  it  is  with  the  utmost  reluctance  that  we  yield  to 
the  emergency  of  our  affairs  in  requesting  additional  favors.  An  un 
reserved  confidence  in  your  majesty,  and  a  well-grounded  assurance 
that  we  ask  no  more  than  is  necessary  to  enable  us  effectually  to  co 
operate  with  your  majesty  in  terminating  the  war  with  glory  and  suc 
cess,  must  be  our  justification. 

It  is  well  known  that  when  the  king  of  Great  Britain  found  himself 
unable  to  subdue  the  populous  states  of  North  America  by  force,  or  to 
seduce  them  by  art  to  relinquish  the  alliance  with  your  majesty,  he 
resolved  to  protract  the  war,  in  expectation  that  the  loss  of  our  com 
merce,  and  the  derangement  of  our  finances,  must  eventually  compel 
us  to  submit  to  his  domination.  Apprised  of  the  necessity  of  foreign 
aids  of  money  to  support  us  in  a  contest  with  a  nation  so  rich  and 
powerful,  we  have  long  since  authorized  our  minister  to  borrow  a 
sufficient  sum  in  your  majesty's  dominions,  and  in  Spain,  and  in  Hol 
land,  on  the  credit  of  these  United  States. 

We  now  view  the  prospect  of  a  disappointment  with  the  deeper 
concern,  as  the  late  misfortunes  in  the  southern  states,  and  the  rava 
ges  of  the  northern  and  western  frontiers  have,  in  a  very  considera 
ble  degree,  impaired  our  internal  resources.  From  a  full  investiga 
tion  of  our  circumstances  it  is  msnifest,  that  in  aid  of  our  utmost  exer 
tions  a  foreign  loan  of  specie,  at  least  to  the  amount  of  twenty  five 
millions  of  livres,  will  be  indispensably  necessary  for  a  vigorous^pros- 
ecution  of  the  war.  On  an  occasion  in  which  the  independence  of 
these  United  States  and  your  majesty's  glory  are  so  intimately  con 
nected,  we  are  constrained  to  request  your  majesty  effectually  to  sup 
port  the  applications  of  our  ministers  for  that  loan.  So  essential  is  it 
to  the  common  cause,  that  we  shall  without  it  be  pressed  with  wants 
and  distresses,  which  may  render  all  our  efforts  languid,  precarious, 
and  indecisive.  Whether  it  shall  please  your  majesty  to  stipulate  for 
this  necessary  aid  as  our  security,  or  to  advance  it  from  your  royal 
coffers,  we  do  hereby  solemnly  pledge  the  faith  of  these  United  States 
to  indemnify,  or  reimburse  your  majesty,  according  to  the  nature  of 
the  case,  both  for  principal  and  interest,  in  such  manner  as  shall  be 
agreed  upon  with  our  minister  at  your  majesty's  court. 

We  beseech  the  Supreme  Disposer  of  events  to  keep  your  majesty 
in  his  holy  protection,  and  long  to  continue  to  France  the  blessings 


=534  APPENDIX. 

arising-  from, the  administration  of  a  prince  who  "nobly  asserts  the 
rights  of  mankind. 

Done  at  Philadelphia,  the  22d  day  of  November,  in  the  year  of  our 
Lord,  1780,  by  the  congress  of  the  United  States  of  North  Amer 
ican,  and  in  the  fifth  year  of  our  independence. 
Your  faithful  friends  and  allies. 

Signed,  SAM'L  HUNTINGTON,  President. 

Attest.     CHARLES  THOMSON,  Secretary. 


NO.  16,  omitted. 
NO.  17. 

i/i  the  formation  of  treaties  of  amity  and  commerce  with  the  different  na 
tions  of  Europe,  the  ministers  plenipotentiary  of  the  United  States,  in 
May,  1784,  were  instructed  to  procure  stipulations  to  the  following 
effect. 

1.  That  each  party  shall  have  a  right  to  carry  their  own  produce, 
manufactures,  and  merchandise,  in  their  own  bottoms  to  the  ports  of 
the  other ;  and  thence  to   take  the   produce  and  merchandise  of  the 
other,  paying,  in  both  cases,  such  duties  only  as  are  paid  by  the  most 
favored  nation,  freely  where  it  is  freely  granted  to  such  nation,  or  pay 
ing  the  compensation,  where  such  nation  does  the  same. 

2.  That  with  the  nations  holding  territorial  possessions  in  America, 
a  direct  and  similar  intercourse  be   admitted   between    the    United 
States  and  such  possessions  ;  or  if  this  cannot  be  obtained,  then  a  di 
rect  and  a  similar  intercourse  between  the  United  States  and  certain 
free  ports  within  such  possessions  ;  that  if  this  neither  can  be  obtain 
ed,  permission  be  stipulated  to  bring  from  such  possessions,  in  their 
own  bottoms,  the  produce  and  merchandize  thereof  to  these  states  di 
rectly  ;  and  for  these  states  to  carry  in  their  own  bottoms  their  pro 
duce  and  merchandise  to  such  possessions  directly. 

3.  That  these  United  States  be  considered  in  all  such  treaties,  and 
in  every  case  arising  under  them,  as  one  nation  upon  the  principles  of 
the  federal  constitution. 

4.  That  it  be  proposed,  though  not  indispensably  required,  that  if 
war  should  hereafter  arise  between  the  two  contracting  parties,  the 
merchants  of  either  country,  then  residing  in  the  other,  shall  be   al 
lowed  to  remain  nine  months  to  collect  their  debts  and  settle  their  af 
fairs,  and  may  depart  freely,  carrying  off  all  their  effects  without  mo 
lestation  or  hindrance  ;  and  all  fishermen,  all  cultivators  of  the  earth, 
and  all  artisans  or  manufacturers,  unarmed  and  inhabiting  unfortified 
towns,  villages  or  places,  who  labor  for  the  common  subsistence  and 
benefit  of  mankind,  and  peaceably  following  their  respective  employ 
ments,  shall  be  allowred  to  continue  the  same,  and  shall  not  be  molest 
ed  by  the  armed  force  of  the  enemy,  in  whose  power,  by  the  events 
•f  war,  they  may  happen  to  fall  j  but  if  any  thing  is  necessary  to  be 


APPENDIX.  535 

taken  from  them  for  the  use  of  such  armed  force,  the  same  shall  be  paid 
for  at  a  reasonable  price ;  and  all  merchants  and  traders  exchanging 
the  products  of  different  places,  and  thereby  rendering  the  necessa 
ries,  conveniences,  and  comforts  of  human  life  more  easy  to  obtain 
and  more  general,  shall  be  allowed  to  pass  free  and  unmolested  ;  and 
neither  of  the  contracting  powers  shall  grant  or  issue  any  commission 
to  any  private  armed  vessels  empowering  them  to  take  or  destroy  such 
trading  ships,  or  interrupt  such  commerce. 

5.  And  in  case  either  of  the  contracting  parties  shall  happen  to  be 
engaged  in  war  with  any  other  nation,  it  be  further  agreed,  in  order 
to  prevent  all  the  difficulties  and  misunderstandings  that  usually  arise 
respecting  the  merchandise  heretofore  called  contraband,  such  as  arms, 
ammunition,  and  military  stores  of  all  kinds,  that  no  such  articles  car 
rying  by  the  ships  or  subjects  of  one  of  the  parties  to  the  enemies  of 
the  other,  shall  on  any  account,  be  deemed  contraband,  so  as  to  induce 
confiscation  and  a  loss  of  property   to  individuals.     Nevertheless,  it 
shall  be  lawful  to  stop  such  ships,  Snd  detain  them  for  such  length  of 
time  as  the  captors  may  think  necessary  to  prevent  the  inconvenience 
or  damage  that  might  ensue  from  their  proceeding  on  their  voyage, 
paying,  however,  a  reasonable  compensation  for  the  loss  such   arrest 
shall   occasion  to  the  proprietors ;  and  it  shall  further  be  allowed  to 
use,  in  the  service  of  the  captors,  the  whole  or  any  part  of  the  milita 
ry  stores  so  detained,  paying  the  owners  the  full  value  of  the  same  to 
be  ascertained  by  the  current  price  at  the  place  of  its  destination.  But 
if  the  other  contracting  party  will  not  consent  to  discontinue  the  con 
fiscation  of  contraband  goods,  then  that  it  be  stipulated,   that   if  the 
master  of  the  vessel  stopped  will  deliver  out  the  goods  charged  to  be 
contraband,  he  shall  be  admitted  to  do  it,  and  the  vessel  shall  not  in 
that  case  be  carried  into  any  port,  but  shall  be  allowed  to  proceed  on 
her  voyage. 

6.  That  in  the  same  case,  where  either  of  the  contracting  parties 
shall  happen  to  be  engaged  in  war  with  any  other  power,  all  goods 
not  contraband  belonging  to  the  subjects  of  that  other  power,  and  ship 
ped  in  the  bottoms  of  the  party  hereto,  who  is  not  engaged  in  the  war, 
shall  be  entirely  free.     And  that  to  ascertain  what  shall  constitute  the 
blockade  of  any  place  or  port,   it  shall   be   understood  to  be  in  such 
predicament,  when  the  assailing  power  shall  have  taken  such  a  station 
as  to  expose  to  imminent  danger  any  ship  or  ships  that  would  attempt 
to  sail  in  or  out  of  the  said  port ;  and  that  no  vessel  of  the  party  who 
is  not  engaged  in  the  said  war  shall  be  stopped  without  a  material  and 
well  grounded  cause  ;  and  in  such  cases  justice  shall  be  done,  and  an 
indemnification  given,  without  loss  of  time  to  the  persons  aggrieved 
and  thus  stopped  without  sufficient  cause. 

7.  That  no  rights  be  stipulated  for  aliens  to  hold  real  property 
within  these  states,  this  being  utterly  inadmissible  by  their  several 
laws  and  policy ;  but  where  on  the  death  of  any  person  holding  real 
estate  within  the  territories  of  one   of  the  contracting  parties,  such 
real  estate  would  by  their  laws  descend  on  a  subject  or  citizen  of  the 


536  APPENDIX. 

other,  were  he  not  disqualified  by  alienage,  there  he  shall  be  allowed 
a  reasonable  time  to  dispose  of  the  same,  and  withdraw  the  proceeds 
without  molestation. 

8.  That  such  treaties  be  made  for  a  term  not  exceeding  ten  years 
from  the  exchange  of  ratifications. 

9.  That  these  instructions  be  considered  as  supplementary  to  those 
of  October  29th,  1783  ;  and  not  as  revoking,  except  where  they  con 
tradict  them.     That  where,  in  treaty  with  a  particular  nation,  they 
can  procure  particular  advantages,  to  the  specification  of  which  we 
have  been  unable  to  descend,  our  object  in  these  instructions  having 
been  to  form  outlines  only,  and  general  principles  of  treaty  with  many 
nations,  it  is   our   expectation   they  will  procure  them,  though  not 
pointed  out  in  these  instructions  ;  and  where  they  may  be  able  to  form 
treaties  on  principles  which  in  their  judgment  will  be  more  beneficial 
to  the  United  States  than  those  herein  directed  to  be  made  their  basis, 
they  are  permitted  to  adopt  such  principles.     That  as  to  the  duration 
of  the  treaties,  though  we  have  proposed  to  restrain  them  to  the  term 
of  ten  years,  yet  they  are  at  liberty  to  extend  the  same  as  far  as  fif 
teen  years  with  any  nation  which  may  pertinaciously  insist  thereon. 
And  that  it  will  be  agreeable  to  us  to   have   supplementary  treaties 
with  France,  the  United  Netherlands,  and  Sweden,  which  may  bring 
the  treaties  we  have  entered  into  with  them  as  nearly  as  may  be  to 
the  principles  of  those  now  directed ;  but  that  this  be  not  pressed,  if 
the  proposal  should  be  found  disagreeable. 

Resolved,  That  treaties  of  amity,  or  of  amity  and  commerce,  be  en 
tered  into  with  Morocco,  and  the  regencies  of  Algiers,  Tunis,  and 
Tripoli,  to  continue  for  the  same  term  of  ten  years,  or  for  a  term  a« 
much  longer  as  can  be  procured. 

That  our  ministers  to  be  commissioned  for  treating  with  foreign  na 
tions,  make  known  to  the  emperor  of  Morocco  the  great  saihfaction 
which  congress  feel  from  the  amicable  disposition  he  has  shown  to 
wards  these  states,  and  his  readiness  to  enter  into  alliance  with  them. 
That  the  occupations  of  the  war  and  distance  of  our  situation  have 
prevented  our  meeting  his  friendship  so  early  as  we  wished.  But  the 
powers  are  now  delegated  to  them  for  entering  into  treaty  with  him, 
in  the  execution  of  which  they  are  ready  to  proceed.  And  that  as  to 
the  expenses  of  his  minister,  they  do  therein  what  is  for  the  honor  and 
interest  of  the  United  States. 

Resolved,  That  a  commission  be  issued  to  Mr.  J.  Adams,  Mr.  B. 
Franklin,  and  Mr.  T.  Jefferson,  giving  powers  to  them,  or  the  greater 
part  of  them,  to  make  and  receive  propositions  for  such  treaties  ot 
amity  and  commerce,  and  to  negotiate  and  sign  the  same,  transmitting 
them  to  congress  for  their  final  ratification  ;  and  that  such  commission 
be  in  force  for  a  term  not  exceeding  two  years. 


APPENDIX. 


537 


NO.  18,  omitted. 


NO.  19. 


A  list  of  the  members  who  attended  the  General  Convention,  which  form 
ed  the  new  Constitution,  in  1787. 


New  Hampshire. 
JOHN  LANGDON, 
NICHOLAS  OILMAN. 

Massachusetts. 
ELBRIDGE  GERRY, 
NATHANIEL  GORHAM, 
RUFUS  KING, 
CALEB  STRONG. 

Connecticut. 
WM.  SAMUEL  JOHNSON, 
ROGER  SHERMAN, 
OLIVER  ELLSWORTH. 

New  York. 
ROBERT  YATES, 
ALEXANDER  HAMILTON, 
JOHN  LANSING,  JR. 

New  Jersey. 
WM.  LIVINGSTON, 
DAVID  BREARLEY, 
WM.  C.  HOUSTON, 
WM.  PATTERSON, 
JONATHAN  DAYTON. 

Pennsylvania. 
BENJAMIN  FRANKLIN, 
THOMAS  MIFFLIN, 
ROBERT  MORRIS, 
GEORGE  CLYMER, 
THOMAS  FITZSIMONS, 
JARED  INGERSOLL, 
JAMES  WILSON, 
GOVERNEUR  MORRIS. 

Delaware. 
GEORGE  READ, 
GUNNING  BEDFORD,  JR. 


JOHN  DICKINSON, 
RICHARD  BASSET, 
JACOB  BROOM. 

Maryland. 
JAMES  MCHENRY, 
DANIEL  OF  ST.  THOMAS  JENIFER. 
DANIEL  CARROLL, 
JOHN  FRANCIS  MERCER, 
LUTHER  MARTIN. 

Virginia. 

GEORGE  WASHINGTON, 
EDMUND  RANDOLPH, 
JOHN  BLAIR, 
JAMES  MADISON,  JR. 
GEORGE  MASON, 
GEORGE  WYTHE, 
JAMES  McCLURG. 

North  Carolina. 
ALEXANDER  MARTIN, 
WM.  R.  DAVIE, 
WM.  BLOUNT, 
RICHARD  D.  SPAIGHT, 
HUGH  WILLIAMSON. 

South  Carolina. 
JOHN  RUTLEDGE, 
CHARLES  C.  PINCKNEY, 
CHARLES  PINCKNEY, 
PIERCE  BUTLER. 

Georgia. 
WM.  FEW, 
ABRAHAM  BALDWIN, 
WM.  PIERCE, 
WM.  HOUSTON. 


VOL.  II. 


68 


538 


APPENDIX. 


NO.  20. 


Abstract  of  the  accounts  of  the  respective  States,  for  expenses  incurred 
during  the  Revolutionary  War,  as  allowed  by  the  Commissioners  who 
finally  settled  said  accounts. 


Sums     charged 

STATES. 

Sums     allowed 
for    expendi 
tures  • 

for    advances 
by  U.    States, 
including   the 

Expendi 
tures  ex 
cluding 

Balances 
found  due 
from   the 

Balances 
found  due 

to  the  U. 

assumption  of 

all  advances 

U.Staies. 

States. 

State  debts. 

New  Hampshire, 

$4,278,015  02 

$1,082,954  02 

$3,195,061 

$  75,055 

. 

Massachusetts, 

17,984,613  03 

6,258,880  03 

11,705,733 

1,248,801 

- 

Rhode  Island, 

3,7S2,974  46 

1,977,608  46 

1,805,366 

299,611 

. 

Connecticut, 

9,285,737  92 

3,436,244  92 

5,829,493 

619,121 

. 

New  ^  ork, 

7,179,982  73 

1,960,031  78 

5,219,951 

. 

2,074,846 

New  Jersey, 

5,342,770  52 

1,343,321  52 

3,999,449 

49,030 

. 

Pennsylvania, 

14,137,076  22 

4,690,686  22 

9,446,390 

. 

76,709 

Delaware, 

839,319  98 

229,898  98 

609,421 

. 

612,428 

Maryland, 

7,568,145  38 

1,592,631  38 

5,975,514 

. 

151,640 

Virginia, 

19,085,981  51 

3,803,416  51 

15,282,865 

_ 

100,879 

North  Carolina, 

10,427,586  13 

3,151,358  13 

7,276,228 

_ 

501,082 

South  Carolina, 

11,523,299  29 

5,780,264  29 

5,743,035 

1,205,978 

. 

Georgia, 

2,993,800  86 

1,415,328  86 

1,578,472 

19,988 

-      - 

NO.  21. 

Questions  proposed  by  President  Washington,  for  the  consideration  of  the 
members  of  the  Cabinet, in  April,  1793,  with  the  Letter  which  enclosed 
them. 

Philadelphia,  April  18th,  1793. 

Sir, — The  posture  of  affairs  in  Europe,  particularly  between 
France  and  Great  Britain,  places  the  United  States  in  a  delicate  situa 
tion,  and  requires  much  consideration  of  the  measures  which  will  be 
proper  for  them  to  observe  in  the  war  between  those  powers.  With 
a  view  to  forming  a  general  plan  of  conduct  for  the  executive,  I  have 
stated  and  enclosed  sundry  questions  to  be  considered  preparatory  to 
a  meeting  at  my  house  to-morrow,  where  I  shall  expect  to  see  you  at 
nine  o'clock,  and  to  receive  the  result  of  your  reflections  thereon. 

QUEST.  1.  Shall  a  proclamation  issue  for  the  purpose  of  preventing 
interferences  of  the  citizens  of  the  United  States  in  the  war  between 
France  and  Great  Britain,  &c.?  Shall  it  contain  a  declaration  of  neu 
trality  or  not  ?  What  shall  it  contain  ? 

2.  Shall  a  minister  from  the  republic  of  France  be  received  ? 

3.  If  received,  shall  it  be  absolutely  or  with  qualifications;  and  if 
with  qualifications,  of  what  kind? 

4.  Are  the  United  States  obliged  by  good  faith  to  consider  the  trea 
ties  heretofore  made  with  France  as  applying  to  the  present  situation 
of  the  parties  ?  may  they  either  renounce  them  or  hold  them  suspen 
ded  until  the  government  of  France  shall  be  established  ? 


APPENDIX.  539 

5.  If  they  have  the  right,  is  it  expedient  to  do  either  ?  and  which  ? 

6.  If  they  have   an  option,  would  it  be  a  breach  of  neutrality  to 
consider  the  treaties  in  operation  ? 

7.  If  the  treaties  are  to  be  considered  as  now  in  operation,  is  the 
guaranty  in  the  treaty  of  alliance  applicable  to  a  defensive  war  only, 
or  to  a  war,  either  offensive  or  defensive  ? 

8.  Does  the  war  in  which  France  is  engaged  appear  to  be  offensive 
or  defensive  on  her  part?  or  of  a  mixed  and  equivocal  character  ? 

9.  If  of  a  mixed  and  equivocal  character,  does  the  guaranty  in  any 
event  apply  to  such  a  war  ? 

10.  What  is  the  effect  of  a  guaranty,  such  as  that  to  be  found  in  the 
treaty  of  alliance  between  the  United  States  and  France  ? 

11.  Does  any  article  in  either  of  the  treaties  prevent  ships  of  war, 
other  than  privateers,  of  the  powers  opposed  to  France,  from  coming 
into  the  ports  of  the  United  States  to  act  as  convoys  to  their  own  mer 
chantmen  ?  or  does  it  lay  any  other  restraints  upon  them  more  than 
would  apply  to  the  ships  of  war  of  France  ? 

12.  Should  the  future  regent  of  France  send  a  minister  to  the  Uni 
ted  States,  ought  he  to  be  received  ? 

13.  Is  it  necessary  or  advisable  to  call  together  the  two  houses  of 
congress  with  a  view  to  the  present  posture  of  European  affairs  ?  if  it 
is,  what  should  be  the  particular  objects  of  such  call  ? 


FINIS. 


LOAN  DEPT 


eSubjectto 


u  LD 


LD  21A-50m-3.'62 
(C70978lO)476B 


.General  Library 

Umversuy  of  California 

Berkeley 


iC  52121 


EI78 
224224 


